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1 results

  • 8 - The Futility of Fighting Crime with Criminal Law

  • from Part II - The Building Blocks of Mass Incarceration
  • Jeffrey Bellin
  • Book:
    Mass Incarceration Nation
    Published online:
    03 November 2022
    Print publication:
    17 November 2022, pp 67-76

  • Summary

    There is a paradox in the American narrative of Mass Incarceration. In theory, making criminal laws more severe should not lead to large prison populations in the long term. That’s because as laws become more severe, crime becomes increasingly unattractive. That should lead, over time, to less crime and shrinking prison populations. No crime is worth the punishments currently on the books. And by now, decades into “tough on crime” policies, everyone should know that crime doesn’t pay. There should be no drug dealing, no unlawful weapons possession, no violence, no repeat offenders. It may sound silly, but if you look at the claims politicians made about why they were increasing criminal severity, this was the idea.