There is no shortage of scholarly and other research on the reciprocal relationship that inequality bears to crime, victimisation and contact with the criminal justice system, both in the specific United States context and beyond. Often, however, inequality has been studied in conjunction with only one of the three phenomena at issue, despite the intersections that arguably obtain between them–and, indeed, between their respective connections with inequality itself. There are, moreover, forms of inequality that have received far less attention in pertinent research than their prevalence and broader significance would appear to merit. The purpose of this chapter is dual: first, to identify ways in which inequality’s linkages to crime, victimisation and criminal justice may relate to one another; and second, to highlight the need for a greater focus than has been placed heretofore on the role of institutionalised inequality of access to the political process, particularly as this works to bias criminal justice policy-making towards the preferences of financially motivated state lobbying groups at the expense of disadvantaged racial minorities. In so doing, the chapter singles out for analysis the US case and, more specifically, engages with key extant explanations of the staggering rise in the use of imprisonment in the country since the 1970s.
"But I Didn't Mean To": The Role of Intent in American and Canadian Anti-Preference Law