A Pattern of Violence: How the Law Classifies Crime and What It Means for Justice

Stanford University law professor Sklansky (Democracy and the Police) offers a detailed and original examination of how violence is treated within the U.S. criminal justice system. According to Sklansky, the definition of “violence” in state and federal laws is remarkably vague, an inherent flaw that can create inconsistent, counterproductive results in a broad range of criminal matters. Sklansky also examines how legal responses to violence are shaped by two opposing views of the roots of violent behavior: situational (limited to “isolated episodes”) and characterological (a product of the perpetrator’s innate character). Sklansky identifies historic links between the characterological view, which he contends the American system tilts toward, and racial stereotypes that lead to harsh sentencing laws and mass incarceration. His treatment of the complexities surrounding police use-of-force provides valuable insights into why reform efforts have largely failed to check police violence; equally incisive is his discussion of the nexus between First Amendment free speech protections and violence. Sklansky doesn’t shrink from controversial questions, but he is not an ideologue and his writing is nuanced and accessible. This humane and sophisticated analysis breaks new ground in exploring how and why the U.S. criminal justice system needs to be reformed. (Mar.)