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Converging on the Poles: Contemporary Punishment and Democracy in Hemispheric Perspective
Published online by Cambridge University Press: 27 December 2018
Abstract
In this article I place U.S. punishment trends in comparative context, seeking to show that the contemporary penal regime in the United States resembles patterns of governance prevalent throughout Latin America, the world's most economically unequal region. In both the U.S. and Latin America, I argue, neoliberal reforms have produced societies characterized by ever greater divides between the haves and have-nots, and state criminal justice institutions increasingly position themselves to police this boundary rather than mitigate its effects. In this article, I examine these trends through the lens of wars on crime and terrorism, arguing that in societies polarized between a dwindling set of haves and an ever more numerous (and potentially unruly) group of have-nots, an inexorable pull makes criminal justice institutions more aggressive in their enforcement of class and racial boundaries. Hallmarks include a widening of the criminal justice net (by broadening definitions of criminal activity, for example) and a deepening of the deprivations visited on those ensnared within it. The article concludes with reflections on the need for reconfiguring conceptions of human rights and their relation to security.
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- Copyright © American Bar Foundation, 2005
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