What Is Penal Populism?

Abstract

Abstract This paper explores the empirical, conceptual, and normative issues raised by the notion of ‘penal populism’. It discusses the relations between the media, the public, and political representatives. It considers the balance between professional expertise and community sentiment in the formulation of penal policy—especially in respect of measures where moral rather than instrumental considerations appear to predominate. It raises theoretical and empirical questions about the nature of ‘public opinion’; methodological questions about how best to take its measure; and political questions about its proper status in the democratic process. It discusses the historical conditions that brought ‘penal populism’ to prominence as well as institutional and comparative questions about its varying capacity to shape policy. And it considers the professional responsibilities of penal experts in relation to policy formation and political debate.

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