Showing posts with label punitiveness. Show all posts
Showing posts with label punitiveness. Show all posts

The Stress of Injustice: Public Defenders and the Frontline of American Inequality

Link to Article

"Fairness and due process in the criminal justice system are all but unattainable without effective legal representation of indigent defendants, yet we know little about attorneys who do this critical work—public defenders. Using semi-structured interviews, this study investigated occupational stress in a sample of 87 public defenders across the United States. We show how the intense and varied chronic stressors experienced at work originate in what we define as the stress of injustice: the social and psychological demands of working in a punitive system with laws and practices that target and punish those who are the most disadvantaged. Our findings are centered around three shifts in American criminal justice that manifest in the stress of injustice: penal excess, divestment in indigent defense, and the criminalization of mental illness. Working within these structural constraints makes public defenders highly vulnerable to chronic stress and can have profound implications for their ability to safeguard the rights of poor defendants."

How Judicial Elections Impact Criminal Cases
"Over the past 15 years, judicial races have become expensive affairs. Television advertising, much of it from outside interest groups that are more likely to run negative ads, plays a critical role in these high-cost contests. The pressures of upcoming re-election campaigns affect judicial decision-making in criminal cases, making judges more likely to impose longer sentences, affirm death sentences, and even override sentences of life imprisonment to impose the death penalty."

View the Report
 
Brutal Crimes Don't Justify Bad Laws
"Massachusetts Juvenile Judge Jay D. Blitzman got it right when he explained in 2008 why brutal crimes so often lead to bad laws. In an article for the Barry Law Review he wrote: 'As the public and media react to the crime du jour, there is an unfortunate tendency to legislate by anecdote.' Stories gain momentum, get fueled in the press, and can be used for political advantage by the powers that be, and before we know it, the need for change, and in some cases, vengeance, turns too quickly into ill-conceived laws."

Race and Punishment: Racial Perceptions of Crime and Support for Punitive Policies

"This report examines how racial perceptions of crime are a key cause of the severity of punishment in the United States. Race and Punishment: Racial Perceptions of Crime and Support for Punitive Policies, authored by Nazgol Ghandnoosh, Ph.D., research analyst at The Sentencing Project, synthesizes two decades of research revealing that white Americans’ strong associations of crime with blacks and Latinos are related to their support for punitive policies that disproportionately impact people of color.

Coming on the heels of the tragic events in Ferguson, Missouri, the report demonstrates that the consequences of white Americans’ strong associations of crime with blacks and Latinos extend far beyond policing."

Read the full report

Fear and Punishment in Sweden: Exploring Penal Attitudes

Demker, M., A. Towns, G. Duus-Otterstrom, and J. Sebring. Punishment and Society 10, 3 (2008): 319-332.

Sweden is often portrayed as a hold out from ‘penal populism’, with a comparatively non-punitive population that prefers preventive and non-custodial sanctions to imprisonment. But while the Swedish public is still less punitive than many others, there is evidence that it has become more punitive, and less content with Swedish penal practice, over time. Trying to add to the understanding of the causes of toughening penal attitudes, we proceed to investigate the importance of media consumption for Swedish penal attitudes. We find a correlation between tabloid consumption and punitiveness. We end by a speculation that locates this finding in the wider context of an individualized, victim-centred discourse of crime.

Interesting article on the influence of the media on punitive attitudes. Available online to the U. of T. community, or in print at the Centre of Criminology Library