Joshua Kleinfeld on American & European Cultures of Punishment
In this episode, Joshua Kleinfeld, Professor of Law at Northwestern University Pritzker School of Law, discusses his article "Two Cultures of Punishment," which was published by the Stanford Law Review. The episode was guest-hosted by Guy Hamilton-Smith, Legal Fellow at the Mitchell Hamline School of Law Sex Offense Litigation and Policy Resource Center. Kleinfeld describes how the differences between the American and European approaches to criminal justice reflect two fundamentally cultures of punishment. He observes on how the punitive turn in American criminal justice is actually a historical novelty, and until recently, the American criminal justice system was more focused on rehabilitation than European systems. He reflects on the relative strengths and weaknesses of the two approaches, and suggests that "if crime is anti-social, then punishment should be pro-social." Kleinfeld's scholarship is available on SSRN.