The Political, Social, Psychological and Other Non-Legal Factors Influencing the Development of (Federal) Criminal Law

Buffalo Criminal Law Review, Vol. 1, No. 1 (1997)

Posted: 10 Jan 1997

Abstract

This paper seeks to explain the prominence of crime as a political issue and the prevailing public support for harsher criminal sanctions. In Part I, I review the history of crime and the politics of crime in the United States, arguing that the coincidence of an increase in the post-war crime rates at a time of antiwar and civil rights disturbances set the stage for opportunistic political behavior as the Republican Party used the crime issue to gain political strength in the South where the Democratic party's support of civil rights legislation left it vulnerable. In Parts II and III I review public opinion on crime, the media's treatment of crime and violence, and the literature of cognitive psychology. Although no definitive proof of cause and effect has been established, a correlation has been found between high consumption of violent programming and increased fear of crime, and there is evidence that the news media's focus on crime may shape political views and/or perform an agenda- setting function. I draw from the well-developed literature about the conflict between public and expert views on risk perception, exploring "rival rationalities" and "cognitive error" theories as a means of understanding the public's views on criminal justice issues.

JEL Classification: K14

Suggested Citation

Sun Beale, Sara, The Political, Social, Psychological and Other Non-Legal Factors Influencing the Development of (Federal) Criminal Law. Buffalo Criminal Law Review, Vol. 1, No. 1 (1997), Available at SSRN: https://ssrn.com/abstract=10272

Sara Sun Beale (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States
919-613-7091 (Phone)
919-613-7231 (Fax)

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