The punitiveness problem
Thomas E. McNeil · 2025
Chapter 2 discusses theories concerned with increased societal punitiveness, which signal key dimensions in opinion formation such as message framing, underlying beliefs and emotion. It also highlights gaps in empirical evidence and overgeneralisations regarding societal punitiveness and more sophisticated definitions of ‘public’. This chapter develops the first central theme of the book, analysing ‘penal populism’ and ‘populist punitiveness’ theories. Referring to scholars such as David Garland, it describes the academic consensus that Western nations have become increasingly punitive in recent decades. This is followed by a critique around the lack of empirical evidence and overgeneralisations of this stance, including ambiguities in how scholars have defined the ‘public’, what it actually means to be ‘punitive’, and the limiting nature of their conclusions. The chapter concludes that punitiveness theories remain relevant for justifiably highlighting punitive criminal justice practice in contemporary society. It then examines empirical studies into public opinion, demonstrating a degree of punitive public sentiment, ill-informed views and increases in punitive government policies. Together, the chapter sets the stage that recognises public punitiveness is real but misses opportunities to understand the diversity of public opinion, the ‘mechanisms’ behind opinion formation and methods for meaningfully engaging and influencing punitive attitudes.