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American Exceptionalism in Crime and Punishment$
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Kevin R. Reitz

Print publication date: 2017

Print ISBN-13: 9780190203542

Published to Oxford Scholarship Online: December 2017

DOI: 10.1093/oso/9780190203542.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 October 2021

American Exceptionalism in Community Supervision

American Exceptionalism in Community Supervision

A Comparative Analysis of Probation in the United States, Scotland, and Sweden

(p.367) 9 American Exceptionalism in Community Supervision
American Exceptionalism in Crime and Punishment

Edward E. Rhine

Faye S. Taxman

Oxford University Press

This chapter explores whether the concept of American exceptionalism applies to the discourse and conduct of community supervision in its main variant—probation—when comparing the United States with Europe. Community supervision in the United States does not serve merely as a stand-alone punishment. It functions frequently as a much-less-acknowledged “front door” to incarceration due to failures in its conduct. It is often used after incarceration terms or as an “elastic frame” in which additional punishments—such as economic sanctions, liberty restrictions, and coerced treatment—can be levied. This chapter's approach is to compare US and European probation through the use of five indicia, or “markers,” to gauge the penal scope and shape of probation. The markers provide criteria to assess the liberty restrictions imposed on offenders.

Keywords:   community supervision, probation, incarceration, US probation, European probation, liberty restriction, United States, Scotland, Sweden

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