Crowning a decade of innovative efforts in the historical study of law and legal phenomena in the region, Crime and Punishment in Latin America offers a collection of essays that deal with the multiple aspects of the relationship between ordinary people and the law. Building on a variety of methodological and theoretical trends—cultural history, subaltern studies, new political history, and others—the contributors share the conviction that law and legal phenomena are crucial elements in the formation and functioning of modern Latin American societies and, as such, need to be brought to the forefront of scholarly debates about the region’s past and present. While disassociating law from a strictly legalist approach, the volume showcases a number of highly original studies on topics such as the role of law in processes of state formation and social and political conflict, the resonance between legal and cultural phenomena, and the contested nature of law-enforcing discourses and practices. Treating law as an ambiguous and malleable arena of struggle, the contributors to this volume—scholars from North and Latin America who represent the new wave in legal history that has emerged in recent years-- demonstrate that law not only produces and reformulates culture, but also shapes and is shaped by larger processes of political, social, economic, and cultural change. In addition, they offer valuable insights about the ways in which legal systems and cultures in Latin America compare to those in England, Western Europe, and the United States. This volume will appeal to scholars in Latin American studies and to those interested in the social, cultural, and comparative history of law and legal phenomena. Contributors. Carlos Aguirre, Dain Borges, Lila Caimari, Arlene J. Díaz, Luis A. Gonzalez, Donna J. Guy, Douglas Hay, Gilbert M. Joseph, Juan Manuel Palacio, Diana Paton, Pablo Piccato, Cristina Rivera Garza, Kristin Ruggiero, Ricardo D. Salvatore, Charles F. Walker

Rather than reducing criminality, prisons in Latin America drive crime by creating the conditions for its growth.

This title presents a survey of the crime problem in Latin America, which takes a very broad and appropriately reductionist approach to analyse the determinants of the high crime levels, focusing on the negative social conditions in the region, including inequality and poverty, and poor policy design, such as relatively low police presence. The chapters illustrate three channels through which crime might generate poverty, that is, by reducing investment, by introducing assets losses, and by reducing the value of assets remaining in the control of households.

According to media reports, Latin America is one of the most violent regions in the world—a distinction it held throughout the twentieth century. The authors of Violence and Crime in Latin America contend that perceptions and representations of violence and crime directly impact such behaviors, creating profound consequences for the political and social fabric of Latin American nations. Written by distinguished scholars of Latin American history, sociology, anthropology, and political science, the essays in this volume range from Mexico and Argentina to Colombia and Brazil in the twentieth and twenty-first centuries, addressing such issues as extralegal violence in Mexico, the myth of indigenous criminality in Guatemala, and governments’ selective blindness to violent crime in Brazil and Jamaica. The authors in this collection examine not only the social construction and political visibility of violence and crime in Latin America, but the justifications for them as well. Analytically and historically, these essays show how Latin American citizens have sanctioned criminal and violent practices and incorporated them into social relations, everyday practices, and institutional settings. At the same time, the authors explore the power struggles that inform distinctions between illegitimate versus legitimate violence. Violence and Crime in Latin America makes a substantive contribution to understanding a key problem facing Latin America today. In its historical depth and ethnographic reach, this original and thought-provoking volume enhances our understanding of crime and violence throughout the Western Hemisphere.

The only reader currently available on criminality in Latin America, Reconstructing Criminality in Latin America reconstructs the way in which different Latin American societies have viewed, described, defined, and reacted to criminal behavior. Crime in Latin America is explored in terms of gender, race, class, and criminological theory. The highly readable essays in this book explore how Catholic notions of sin, natural law, the "divine" rights of absolutist monarchs, liberal rights of "man," positivism, and social Darwinism received a sympathetic, even enthusiastic, endorsement from policy makers throughout Latin America. Reconstructing Criminality in Latin America also shows how new methodologies have given scholars deeper insight into the significance of crime in Latin American societies. The selections testify that the insights of scholars like Eric Hobsbawm and Michel Foucault are the foundations of modern histories of crime in Latin America. This book is ideal for criminal justice, sociology, and Latin American social history courses.

Crime exists in every society, revealing not only the way in which societies function but also exposing the standards that society holds about what is harmful and punishable. Criminalizing individuals and actions is not the exclusive domain of the state; it emerges from the collective consciousness—the judgments of individuals and groups who represent societal thinking and values. Studying how these individuals and groups construct, represent, perpetrate, and contest crime reveals how their message reinforces and also challenges historical and culturally specific notions of race, class, and gender. Voices of Crime examines these official and unofficial perceptions of deviancy, justice, and social control in modern Latin America. As a collection of essays exploring histories of crime and justice, the book focuses on both cultural and social history and the interactions among state institutions, the press, and a variety of elite and non-elite social groups. Arguing that crime in Latin America is best understood as a product of ongoing negotiation between “top-down” and “bottom up” ideas (not just as the exercise of power from the state), the authors seek to document and illustrate the everyday experiences of crime in particular settings, emphasizing underresearched historical actors such as criminals, victims, and police officers. The book examines how these social groups constructed, contested, navigated, and negotiated notions of crime, criminality, and justice. This reorientation—in contrast to much of the existing historical literature that focuses on elite and state actors—prompts the authors to critically examine the very definition of crime and its perpetrators, suggesting that “not only the actions of the poor and racial others but also the state can be termed as criminal.”

Several encyclopedias overview the contemporary system of criminal justice in America, but full understanding of current social problems and contemporary strategies to deal with them can come only with clear appreciation of the historical underpinnings of those problems. Thus, this five-volume work surveys the history and philosophy of crime, punishment, and criminal justice institutions in America from colonial times to the present. It covers the whole of the criminal justice system, from crimes, law enforcement and policing, to courts, corrections and human services. Among other things, this encyclopedia: explicates philosophical foundations underpinning our system of justice; charts changing patterns in criminal activity and subsequent effects on legal responses; identifies major periods in the development of our system of criminal justice; and explores in the first four volumes - supplemented by a fifth volume containing annotated primary documents - evolving debates and conflicts on how best to address issues of crime and punishment. Its signed entries in the first four volumes--supplemented by a fifth volume containing annotated primary documents--provide the historical context for students to better understand contemporary criminological debates and the contemporary shape of the U.S. system of law and justice.

From the first incident of petty theft to modern media piracy, crime and punishment have been a part of every society. However, the structure and values of a particular society shape both the incidences of crime and the punishment of criminals. When the United States became an independent nation, politicians and civilians began the process of deciding which systems of punishment were appropriate for dealing with crimea process that continues to this day. Crime and Punishment in America examines the development of crime and punishment in the United Statesfrom the criminal justice practices of American Indians and the influence of colonists to the mistreatment of slaves, as well as such current criminal issues as the response to international terrorism.

In Latin America, trafficking cocaine so it can be sold to someone who wants to use it is more serious than raping a woman or deliberately killing your neighbor. While it may seem incredible, that is the conclusion of a rigorous study of the evolution of criminal legislation in the region, which shows that countries’ judicial systems mete out harsher penalties for trafficking even modest amounts of drugs than for acts as heinous as sexual assault or murder. How have we reached such an unjust and irrational point? In recent decades, especially the 1980s, Latin American countries, influenced by an international prohibitionist model, fell – ironically – into what we might metaphorically call an addiction to punishment. Addiction creates the need to consume more and more drugs, which have less and less effect; ultimately, the problematic user simply consumes drugs to avoid withdrawal. Drug legislation in Latin America seems to have followed a similar path. Countries have an ever-growing need to add crimes and increase the penalties for drug trafficking, supposedly to control an ex- panding illegal market, while this increasingly punitive approach has less and less effect on decreasing the supply and use of illegal drugs. So just as the problematic drug user faced with the declining effects of the drug automatically increases the frequency and amount consumed, public officials, seeing the scant impact of growing punitive repression, increase the dose and frequency. And our countries become addicted to punishment, which explains the disproportionate laws that are discussed and documented in this paper. Over the past 60 years, this evolution has taken place within the context of the so-called “war on drugs.” The dominant worldwide policy on “illegal drugs” has been their prohibition, an approach characterized by the use of criminal law as the basic tool for combating all phases of the business (cultivation, production, distribution and trafficking), and in some cases even drug use. With some nuances and significant variation, the legislation in every country in the world contains criminal provisions calling for imprisonment for the distribution and trafficking of controlled substances.