The United States incarcerates its citizens for property crime, drug use, and violent crime at a rate that exceeds any other developed nation – and disproportionately affects the poor and racial minorities. Yet the U.S. has never developed the capacity to consistently prosecute corporate wrongdoing. This disjuncture between the treatment of street and corporate crime is often narrated as hypocrisy. Others suggest that the disparity is rooted in a conservative backlash after the civil rights movement and the Great Society or a legacy of slavery, Jim Crow, and the racialization of crime.

In Dual Justice: America's Divergent Approaches to Street and Corporate Crime (U Chicago Press, 2024), Dr. Anthony Grasso interrogates the intertwined histories of street and corporate crime to find that the differences in punishment are more than modern hypocrisy. Examining the carceral and regulatory states' evolutions from 1870 through today, Grasso argues that divergent approaches to street and corporate crime share common, self-reinforcing origins. During the Progressive Era, scholars and lawmakers championed naturalized theories of human difference such as eugenics to justify instituting punitive measures for poor offenders and regulatory controls for corporate lawbreakers. These ideas laid the foundation for dual justice systems: criminal justice institutions harshly governing street crime and regulatory institutions governing corporate misconduct.

Even after eugenics was discredited, criminal justice and regulatory institutions have developed in tandem to reinforce politically constructed understandings about who counts as a criminal. Using an impressive array of sources and methods, Dr. Grasso analyzes the intellectual history, policy debates, and state and federal institutional reforms that consolidated these ideas, along with their racial and class biases, into America's legal system.

Dr. Anthony Grasso is an assistant professor of political science at Rutgers University Camden. His research focuses on American political development, law, and inequality.

Mentioned:

Susan’s interview with Dr. Joanna Wuest on Born This Way: Science, Citizenship, and Inequality in the American LGBTQ+ Movement
David Vogel, Fluctuating Fortunes: The Political Power of Business in America (Beard Books, 1989)

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