Abstract
It is impossible to say at this juncture whether the barriers to change are sufficient to shore up most punitive policies, or whether instead we are at a turning point, when support for punitive policies wanes sufficiently to permit restorative justice to become a major force. Given the conflicting factors noted above-including continuing media emphasis on crime, political benefits for politicians who appeal to the fear of crime, interest groups that benefit from high rates of incarceration, low crime rates, and state budget shortfalls-it would be difficult to predict the direction of public opinion even without the intrusion of several critical events in 2001 and 2002. The terrorist attacks of September 2001 and fear of future attacks are a major source of public anxiety whose implications for the issues discussed here are not yet clear. The public may see domestic acts of terrorism as entirely different from "normal" crime, or they might instead harden their attitudes toward all criminals. Further, the stock market collapse of 2002, accompanied by revelations of widespread corporate wrongdoing and rising unemployment rates will certainly affect public opinion, though again, the implications for penal policy are unknown, beyond the obvious point that penalties for white collar criminals are being increased. Finally, there are some indications that the violent crime rate may be starting to rise. Just as falling crime rates may provide a favorable context for progressive criminal justice policies, rising crime rates may reignite calls for tougher measures.
Recommended Citation
Beale, Sara Sun
(2003)
"Still Tough on Crime? Prospects for Restorative Justice in the United States,"
Utah Law Review: Vol. 2003:
No.
1, Article 14.
Available at:
https://dc.law.utah.edu/ulr/vol2003/iss1/14