2018
DOI: 10.1017/s1744137418000127
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The punitive consequences of organizational structures in England, France and the United States

Abstract: We develop a framework for understanding how legal structures relate to imprisonment. We hypothesize that relatively more hierarchy within criminal justice institutions, compared to commercial law, fosters higher rates of incarceration. Our framework predicts that incarceration reflects asymmetric opportunities for rent seeking across differently organized legal institutions. Instead of comparing criminal justice institutions across nations in absolute terms, we investigate the relative degrees of institutiona… Show more

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Cited by 3 publications
(1 citation statement)
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“…These and related typologies are particularly useful for scholars who restrict their attention to developed nations, showing that Anglo‐Saxon countries tend to have higher incarceration rates than those in continental Europe, with the United States serving as a particular point of contrast to other Western nations. Prior work attempting to explain the peculiarity of the United States focuses on a range of institutional and cultural dynamics, including the hierarchical organization of criminal justice (D’Amico and Williamson 2019b), the intersection of political economy and race (Lacey 2008), and status degradation (Whitman 2003).…”
Section: The Criminological Kuznets Curvementioning
confidence: 99%
“…These and related typologies are particularly useful for scholars who restrict their attention to developed nations, showing that Anglo‐Saxon countries tend to have higher incarceration rates than those in continental Europe, with the United States serving as a particular point of contrast to other Western nations. Prior work attempting to explain the peculiarity of the United States focuses on a range of institutional and cultural dynamics, including the hierarchical organization of criminal justice (D’Amico and Williamson 2019b), the intersection of political economy and race (Lacey 2008), and status degradation (Whitman 2003).…”
Section: The Criminological Kuznets Curvementioning
confidence: 99%