Pornography in a Free Society deals with what has been called the "civil war over smut." The past two decades have been high seasons for pornography commissions. They were appointed in the United States in 1968, in Great Britain in 1977, in Canada in 1985, and in the United States again in 1985. In the United States, the report of the first commission was denounced as a pornographer's charter and that of the second as a reflection of the moral militancy of the Reagan counterrevolution. The authors look at the problems of pornography in a broader perspective than that of partisan political debate. They explain why it has become so controversial and divisive an issue in Western nations in recent decades. They discuss the radical feminist challenge to pornography and the question of pornography and children. Considering likely future developments, the authors argue that the furor over pornography and the appointment of commissions are part of a "ceremony of adjustment" to widespread availability of sexually explicit material and they predict less social concern about pornography as time passes. Franklin E. Zimring is Professor of Law and Director of the Earl Warren Legal Institute. Gordon Hawkins is Senior Fellow, Earl Warren Legal Institute at the University of California, Berkeley. Together they have written Capital Punishment and the American Agenda (1986), and The Citizen's Guide to Gun Control (1987).

An unprecedented comparison of juvenile justice systems across the globe, Juvenile Justice in Global Perspective brings together original contributions from some of the world's leading voices. While American scholars may have extensive knowledge about other justice systems around the world and how adults are treated, juvenile justice systems and the plight of youth who break the law throughout the world is less often studied. This important volume fills a large gap in the study of juvenile justice by providing an unprecedented comparison of criminal justice and juvenile justice systems across the world, looking for points of comparison and policy variance that can lead to positive change in the United States. Distinguished criminology scholars Franklin Zimring, Maximo Langer, and David Tanenhaus, and the contributors cover countries from Western Europe to rising powers like China, India, and countries in Latin America. The book discusses important issues such as the relationship between political change and juvenile justice, the common labels used to unify juvenile systems in different regions and in different forms of government, the types of juvenile systems that exist and how they differ, and more. Furthermore, the book uses its data on criminal versus juvenile justice in a wide variety of nations to create a new explanation of why separate juvenile and criminal courts are felt to be necessary.

This is a hopeful but complicated era for those with ambitions to reform the juvenile courts and youth-serving public institutions in the United States. As advocates plea for major reforms, many fear the public backlash in making dramatic changes. Choosing the Future for American Juvenile Justice provides a look at the recent trends in juvenile justice as well as suggestions for reforms and policy changes in the future. Should youth be treated as adults when they break the law? How can youth be deterred from crime? What factors should be considered in how youth are punished?What role should the police have in schools?

This essential volume, edited by two of the leading scholars on juvenile justice, and with contributors who are among the key experts on each issue, the volume focuses on the most pressing issues of the day: the impact of neuroscience on our understanding of brain development and subsequent sentencing, the relationship of schools and the police, the issue of the school-to-prison pipeline, the impact of immigration, the privacy of juvenile records, and the need for national policies--including registration requirements--for juvenile sex offenders. Choosing the Future for American Juvenile Justice is not only a timely collection, based on the most current research, but also a forward-thinking volume that anticipates the needs for substantive and future changes in juvenile justice.

This book presents a comprehensive examination of the drug control policy process in the United States. How are policy choices identified, debated and selected? How are the consequences of governmental policy measured and evaluated? How, if at all, do we learn from our mistakes. The first section deals with four different ways of understanding American drug policy: drug control as ideology, drugs as an issue of definition and measurement, an historical analysis of drug control, and finally, drug control as an occasion for debating the proper role of the criminal law. Zimring and Hawkins also discuss priority problems for drug control and provide a foundation for an improved policy process. They argue that protection of children and youth should shape policy toward illicit crime, with attention to the fact that youth protection objectives may limit the effectiveness of some drug controls.

This book presents a comprehensive examination of the drug control policy process in the United States. How are policy choices identified, debated, and selected? How are the consequences of governmental policy measured and evaluated? How, if at all, do we learn from our mistakes? The first part of the book deals with four different ways of understanding drug policy in the United States. Chapter 1 examines drug control as ideology; Chapter 2 discusses the issues of definition and measurement; Chapter 3 provides a historical analysis of drug control; and Chapter 4 concerns drug control as an occasion for debating the proper role of the criminal law. Part Two provides a foundation for an improved policy process by discussing priority problems for drug control. Chapter 5 shows how the protection of children and youth should shape policy toward illicit drugs, with attention to the fact that youth protection objectives may properly limit the effectiveness of some drug controls. Chapter 6 explores the central but complex relationship between illicit drugs and predatory crime. Chapter 7 addresses the proper role of the federal government in drug control policy. A final chapter criticizes the current national drug control strategy and makes five suggestions for improving the drug control policy process.

The death penalty is not simply the most serious criminal punishment. It has been a singular social, legal, and moral problem in the Western world over the past two hundred years. Capital punishment is disappearing from every nation in the West except the United States. No political science of capital punishment in the United States has been attempted until this book. Franklin E. Zimring and Gordon Hawkins offer a redefinition of the central political and legal issues and a re-examination of the whole subject in the light of the social, political, and moral conditions of the United States in the 1980s. Lawyers, criminologists, political scientists, and motivated general readers will find the profile of a United States pursuing an active execution policy in the 1980s and 1990s to be an original and compelling contribution to the discussion of the future of the death penalty. Zimring and Hawkins's prediction for future policy, while based on historical precedent, is in sharp contrast to conventional wisdom about the United States Supreme Court. This book was first published in 1986.

The phenomenal growth of penal confinement in the United States in the last quarter of the twentieth century is still a public policy mystery. While there is unanimous condemnation of the practice, there is no consensus on the causes nor any persuasive analysis of what is likely to happen in the coming decades. In The Insidious Momentum of American Mass Incarceration, Franklin E. Zimring seeks a comprehensive understanding of when, how, and why the United States became the world leader in incarceration to further determine how the use of confinement can realistically be reduced. To do this, Zimring first profiles the growth of imprisonment after 1970, emphasizing the important roles of both the federal system and the distribution of power and fiscal responsibility among the levels of government in American states. He also examines the changes in law enforcement, prosecution and criminal sentencing that ignited the 400% increase in rates of imprisonment in the single generation after 1975. Finally, Zimring then proposes a range of strategies that can reduce prison population and promote rational policies of criminal punishment. Arguing that the most powerful enemy to reducing excess incarceration is simply the mundane features of state and local government, such as elections of prosecutors and state support for prison budgets, this book challenges the convential ways we consider the issue of mass incarceration in the United States and how we can combat the rising numbers.

This is a hopeful but complicated era for those with ambitions to reform the juvenile courts and youth-serving public institutions in the United States. As advocates plea for major reforms, many fear the public backlash in making dramatic changes. Choosing the Future for American Juvenile Justice provides a look at the recent trends in juvenile justice as well as suggestions for reforms and policy changes in the future. Should youth be treated as adults when they break the law? How can youth be deterred from crime? What factors should be considered in how youth are punished?What role should the police have in schools?

This essential volume, edited by two of the leading scholars on juvenile justice, and with contributors who are among the key experts on each issue, the volume focuses on the most pressing issues of the day: the impact of neuroscience on our understanding of brain development and subsequent sentencing, the relationship of schools and the police, the issue of the school-to-prison pipeline, the impact of immigration, the privacy of juvenile records, and the need for national policies--including registration requirements--for juvenile sex offenders. Choosing the Future for American Juvenile Justice is not only a timely collection, based on the most current research, but also a forward-thinking volume that anticipates the needs for substantive and future changes in juvenile justice.

The forty-percent drop in crime that occurred across the U.S. from 1991 to 2000 remains largely an unsolved mystery. Even more puzzling is the eighty-percent drop over nineteen years in New York City. Twice as long and twice as large, it is the largest crime decline on record. In The City That Became Safe, Franklin E. Zimring seeks out the New York difference through a comprehensive investigation into the city's falling crime rates. The usual understanding is that aggressive police created a zero-tolerance law enforcement regime that drove crime rates down. Is this political sound bite true-are the official statistics generated by the police accurate? Though zero-tolerance policing and quality-of-life were never a consistent part of the NYPD's strategy, Zimring shows the numbers are correct and argues that some combination of more cops, new tactics, and new management can take some credit for the decline That the police can make a difference at all in preventing crime overturns decades of conventional wisdom from criminologists, but Zimring also points out what most experts have missed: the New York experience challenges the basic assumptions driving American crime- and drug-control policies. New York has shown that crime rates can be greatly reduced without increasing prison populations. New York teaches that targeted harm reduction strategies can drastically cut down on drug related violence even if illegal drug use remains high. And New York has proven that epidemic levels of violent crime are not hard-wired into the populations or cultures of urban America. This careful and penetrating analysis of how the nation's largest city became safe rewrites the playbook on crime and its control for all big cities.

"THE CHANGING LEGAL WORLD OF ADOLESCENCE" attempts to explain changes in the legal conception of adolescence as a stage of life and as a transition to adulthood. The intended audience includes lawyers and others-such as parents, professionals, and teens-puzzled by trends labeled "children's liberation" and "the revolution in juvenile justice." Often cited and long recognized as an authority, it is considered a classic of law & society. The 2014 edition by Quid Pro Books includes a new Preface by the author.

Changes in legal conceptions of youth are interesting in their own right. They are also a useful way of examining important social, political, and economic changes. It is said that legal studies, "properly pursued, lead to a fuller understanding of the larger world of which the law and its institutions are a part." That is no less true when looking at "children" and "juveniles" through a legal lens.

The law often compartmentalizes underage persons with bright lines and legal fictions such as "parens patriae" to allow leeway for them that would not be tolerable for adults. The law creates huge divides based on status and age. The standards against which to judge the exit from adolescence are concrete and measurable: a single chronological age. And an adult is anyone the state legislature "says" is adult.

But life is not that simple, and the price we pay for sustaining such illusions is considerable. Adolescence is both a period in itself and a transition. This book takes seriously that status and the idea of transition, and attempts to explain the legal responses and concepts relevant to this important stage of life.

Part of the "Classics of Law & Society" Series by Quid Pro Books.

"A remarkable book."-Malcolm Gladwell, San Francisco Chronicle Deaths of civilians at the hands of on-duty police are in the national spotlight as never before. How many killings by police occur annually? What circumstances provoke police to shoot to kill? Who dies? The lack of answers to these basic questions points to a crisis in American government that urgently requires the attention of policy experts. When Police Kill is a groundbreaking analysis of the use of lethal force by police in the United States and how its death toll can be reduced. Franklin Zimring compiles data from federal records, crowdsourced research, and investigative journalism to provide a comprehensive, fact-based picture of how, when, where, and why police resort to deadly force. Of the 1,100 killings by police in the United States in 2015, he shows, 85 percent were fatal shootings and 95 percent of victims were male. The death rates for African Americans and Native Americans are twice their share of the population. Civilian deaths from shootings and other police actions are vastly higher in the United States than in other developed nations, but American police also confront an unusually high risk of fatal assault. Zimring offers policy prescriptions for how federal, state, and local governments can reduce killings by police without risking the lives of officers. Criminal prosecution of police officers involved in killings is rare and only necessary in extreme cases. But clear administrative rules could save hundreds of lives without endangering police officers. "Roughly 1,000 Americans die each year at the hands of the police...The civilian body count does not seem to be declining, even though violent crime generally and the on-duty deaths of police officers are down sharply...Zimring's most explosive assertion-which leaps out...-is that police leaders don't care...To paraphrase the French philosopher Joseph de Maistre, every country gets the police it deserves." -Bill Keller, New York Times "If you think for one second that the issue of cop killings doesn't go to the heart of the debate about gun violence, think again. Because what Zimring shows is that not only are most fatalities which occur at the hands of police the result of cops using guns, but the number of such deaths each year is undercounted by more than half!...[A] valuable and important book...It needs to be read." -Mike Weisser, Huffington Post

Two of the nation's foremost criminal justice scholars present a comprehensive assessment of the factors behind the growth and subsequent overcrowding of American prisons. By critiquing the existing scholarship on prison scale from sociology and history to correctional forecasting and economics, they both reveal that explicit policy changes have had little influence on the increases in imprisonment in recent years and analyze whether it is possible to place limits effectively on prison population.
""The Scale of Imprisonment" has an exceptionally well designed literature review of interest to public policy, criminal justice, and public law scholars. Its careful review, analysis, and critique of research is stimulating and inventive."--"American Political Science Review"
"The authors fram our thoughts about the soaring use of imprisonment and stimulate our thinking about the best way we as criminologists can conduct rational analysis and provide meaningful advice."--Susan Guarino-Ghezzi, "Journal of Quantitative Criminology"
"Zimring and Hawkins bring a long tradition of excellent criminological scholarship to the seemingly intractable problems of prisons, prison overcrowding, and the need for alternative forms of punishment."--J. C. Watkins, Jr., "Choice
"

"An American Travesty" is the first scholarly book in half a century to analyze the justice system's response to sexual misconduct by children and adolescents in the United States. Writing with a refreshing dose of common sense, Franklin E. Zimring discusses the "American travesty" noted in title--our society's failure to consider the developmental status of adolescent sex offenders. Too often, he argues, the American legal system ignores age and developmental status when adjudicating young sexual offenders, in many cases responding as they would to an adult.
This book is a summary of what we know about adolescent sex offenders, and a much-needed indictment of the legal system's ability to make appropriate decisions concerning young sexual offenders, and a call for specific reforms. Zimring shows that current policy toward young sex offenders is rarely based on facts and is often the result of and false judgements. Assumptions about juvenile sex offenders in current legislation and debate are often based only on the motives and inclinations of adult offenders. But seventy-five years' worth of empirical data show that such assumptions are wrong. After surveying the facts and outlining the additional information needed for rational policy, this book proposes a series of reforms in juvenile and criminal courts as well as sex offender registration laws. As such, "An American Travesty's" compelling argument will inform policymakers, lawyers, criminologists, psychologist, psychiatrists, social workers, and others trying to address the problem of the young sexual offender.

An unprecedented comparison of juvenile justice systems across the globe, Juvenile Justice in Global Perspective brings together original contributions from some of the world's leading voices. While American scholars may have extensive knowledge about other justice systems around the world and how adults are treated, juvenile justice systems and the plight of youth who break the law throughout the world is less often studied. This important volume fills a large gap in the study of juvenile justice by providing an unprecedented comparison of criminal justice and juvenile justice systems across the world, looking for points of comparison and policy variance that can lead to positive change in the United States. Distinguished criminology scholars Franklin Zimring, Maximo Langer, and David Tanenhaus, and the contributors cover countries from Western Europe to rising powers like China, India, and countries in Latin America. The book discusses important issues such as the relationship between political change and juvenile justice, the common labels used to unify juvenile systems in different regions and in different forms of government, the types of juvenile systems that exist and how they differ, and more. Furthermore, the book uses its data on criminal versus juvenile justice in a wide variety of nations to create a new explanation of why separate juvenile and criminal courts are felt to be necessary.

Today, two-thirds of the world's nations have abolished the death penalty, either officially or in practice, due mainly to the campaign to end state executions led by Western European nations. Will this success spread to Asia, where over 95 percent of executions now occur? Do Asian values and traditions support capital punishment, or will development and democratization end executions in the world's most rapidly developing region?
David T. Johnson, an expert on law and society in Asia, and Franklin E. Zimring, a senior authority on capital punishment, combine detailed case studies of the death penalty in Asian nations with cross-national comparisons to identify the critical factors for the future of Asian death penalty policy. The clear trend is away from reliance on state execution and many nations with death penalties in their criminal codes rarely use it. Only the hard-line authoritarian regimes of China, Vietnam, Singapore, and North Korea execute with any frequency, and when authoritarian states experience democratic reforms, the rate of executions drops sharply, as in Taiwan and South Korea. Debunking the myth of "Asian values," Johnson and Zimring demonstrate that politics, rather than culture or tradition, is the major obstacle to the end of executions. Carefully researched and full of valuable lessons, The Next Frontier is the authoritative resource on the death penalty in Asia for scholars, policymakers, and advocates around the world.

Many theories--from the routine to the bizarre--have been offered up to explain the crime decline of the 1990s. Was it record levels of imprisonment? An abatement of the crack cocaine epidemic? More police using better tactics? Or even the effects of legalized abortion? And what can we expect from crime rates in the future? Franklin E. Zimring here takes on the experts, and counters with the first in-depth portrait of the decline and its true significance. The major lesson from the 1990s is that relatively superficial changes in the character of urban life can be associated with up to 75% drops in the crime rate. Crime can drop even if there is no major change in the population, the economy or the schools.
Offering the most reliable data available, Zimring documents the decline as the longest and largest since World War II. It ranges across both violent and non-violent offenses, all regions, and every demographic. All Americans, whether they live in cities or suburbs, whether rich or poor, are safer today. Casting a critical and unerring eye on current explanations, this book demonstrates that both long-standing theories of crime prevention and recently generated theories fall far short of explaining the 1990s drop. A careful study of Canadian crime trends reveals that imprisonment and economic factors may not have played the role in the U.S. crime drop that many have suggested.
There was no magic bullet but instead a combination of factors working in concert rather than a single cause that produced the decline. Further--and happily for future progress, it is clear that declines in the crime rate do not require fundamental social or structural changes. Smaller shifts in policy can make large differences.
The significant reductions in crime rates, especially in New York, where crime dropped twice the national average, suggests that there is room for other cities to repeat this astounding success. In this definitive look at the great American crime decline, Franklin E. Zimring finds no pat answers but evidence that even lower crime rates might be in store.

Why does the United States continue to employ the death penalty when fifty other developed democracies have abolished it? Why does capital punishment become more problematic each year? How can the death penalty conflict be resolved?
In The Contradictions of American Capital Punishment, Frank Zimring reveals that the seemingly insoluble turmoil surrounding the death penalty reflects a deep and long-standing division in American values, a division that he predicts will soon bring about the end of capital punishment in our country. On the one hand, execution would seem to violate our nation's highest legal principles of fairness and due process. It sets us increasingly apart from our allies and indeed is regarded by European nations as a barbaric and particularly egregious form of American exceptionalism. On the other hand, the death penalty represents a deeply held American belief in violent social justice that sees the hangman as an agent of local control and safeguard of community values. Zimring uncovers the most troubling symptom of this attraction to vigilante justice in the lynch mob. He shows that the great majority of executions in recent decades have occurred in precisely those Southern states where lynchings were most common a hundred years ago. It is this legacy, Zimring suggests, that constitutes both the distinctive appeal of the death penalty in the United States and one of the most compelling reasons for abolishing it.
Impeccably researched and engagingly written, Contradictions in American Capital Punishment casts a clear new light on America's long and troubled embrace of the death penalty.

Why does the United States continue to employ the death penalty when fifty other developed democracies have abolished it? Why does capital punishment become more problematic each year? How can the death penalty conflict be resolved? In Contradictions in American Capital Punishment, Frank Zimring reveals that the seemingly insoluble turmoil surrounding the death penalty reflects a deep and long-standing division in American values, a division that he predicts will soon bring about the end of capital punishment in our country. On the one hand, execution would seem to violate our nation's highest legal principles of fairness and due process. It sets us increasingly apart from our allies and indeed is regarded by European nations as a barbaric and particularly egregious form of American exceptionalism. On the other hand, the death penalty represents a deeply held American belief in violent social justice that sees the hangman as an agent of local control and safeguard of community values. Zimring uncovers the most troubling symptom of this attraction to vigilante justice in the lynch mob. He shows that the great majority of executions in recent decades have occurred in precisely those Southern states where lynchings were most common a hundred years ago. It is this legacy, Zimring suggests, that constitutes both the distinctive appeal of the death penalty in the United States and one of the most compelling reasons for abolishing it. Impeccably researched and engagingly written, Contradictions in American Capital Punishment casts a clear new light on America's long and troubled embrace of the death penalty.

This book is the most comprehensive treatment of the politics and the impact of the 'get tough' criminal sentencing legislation in the US. It includes a major empirical study of the celebrated California 'three strikes' law, the law that imposed a 25-years to life imprisonment the moment of a third felony conviction. 'Three Strikes' is the single most important assault on criminal recidivists in the twentieth century. This book tells the story of how such a revolutionary shift in punishment policy became law, the impact of that legislation on criminal punishments and crime rates in California, and the broad implications of Three Strikes for the ways in which punishment policy is made in democratic governments.

This is the definitive examination of adolescent violence in the United States as both a social phenomenon and a policy problem. Franklin Zimring, one of America's most esteemed scholars of law and crime, scrutinized criminal statistics and demographic trends. The result is a thorough debunking of Congressional predictions of "a coming storm of juvenile violence" and the half-baked policy proposals that accompany such warnings. The book sets forth comprehensive and dispassionate analyses of three key areas of youth violence policy: adolescent firearms possession and use, standards for transfer from juvenile to criminal court jurisdiction, and legal sanctions for adolescents who kill. Throughout American Youth Violence, the core issues of youth violence in the 1990s are examined with an unprecedented degree of analytic rigour. Zimring also offers an appropriate set of responses to youth violence that are consistent with a positive future for the juvenile court and for American youth.

Based on current research supported by the MacArthur Foundation, Zimring determines in American Youth Violence the facts about current and predicted rates of youth violence and analyses policy responses to serious youth violence that have proliferated in the USA. The first part of the book reports on trends in youth violence and demography and evaluates arguments about future trends that have been published recently. Zimring then identifies problems in current youth violence that courts must address and discusses the legal issues involved.

Many theories--from the routine to the bizarre--have been offered up to explain the crime decline of the 1990s. Was it record levels of imprisonment? An abatement of the crack cocaine epidemic? More police using better tactics? Or even the effects of legalized abortion? And what can we expect from crime rates in the future? Franklin E. Zimring here takes on the experts, and counters with the first in-depth portrait of the decline and its true significance. The major lesson from the 1990s is that relatively superficial changes in the character of urban life can be associated with up to 75% drops in the crime rate. Crime can drop even if there is no major change in the population, the economy or the schools.
Offering the most reliable data available, Zimring documents the decline as the longest and largest since World War II. It ranged across both violent and non-violent offenses, all regions, and every demographic. All Americans, whether they live in cities or suburbs, whether rich or poor, are safer today. Casting a critical and unerring eye on current explanations, this book demonstrates that both long-standing theories of crime prevention and recently generated theories fall far short of explaining the 1990s drop. A careful study of Canadian crime trends reveals that imprisonment and economic factors may not have played the role in the U.S. crime drop that many have suggested.
There was no magic bullet but instead a combination of factors working in concert rather than a single cause that produced the decline. Further--and happily for future progress, it is clear that declines in the crime rate do not require fundamental social or structural changes. Smaller shifts in policycan make large differences.
The significant reductions in crime rates, especially in New York, where crime dropped twice the national average, suggests that there is room for other cities to repeat this astounding success. In this definitive look at the great American crime decline, Franklin E. Zimring finds no pat answers but evidence that even lower crime rates might be in store.

This book is the definitive analysis of the politics and impact of "get tough" criminal sentencing legislation. Zimring, Hawkins, and Kamin examine the origins of the law in California, compare it to other crackdown laws, and analyse large samples of offenders arrested in Los Angeles, San Diego, and San Francisco in the year before and the two years after the law went into effect. The study presents compelling evidence that the new regime has been enormously over-rated as a crime prevention measure.