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82 Crime L. & Soc. Change 1 (2024)

handle is hein.journals/crmlsc82 and id is 1 raw text is: 

Crime, Law and Social Change (2024) 82:1-15
https:Ildoi.org/l0.1007/s10611-023-10129-3




Incitement of insurrection: Criminogenic antecedents
and   potential   policy  responses


Clayton  D. Peoples1    James  E. Sutton2

Accepted: 16 November 2023 / Published online: 23 November 2023
ŠThe Author(s), under exclusive licence to Springer Nature B.V. 2023


Abstract
On  January 6t, 2021, a mob of more than 2,000 Trump supporters stormed the Cap-
ital-at his urging-in  an effort to halt counting of electoral college votes from the
2020  Presidential Election. Vandalism, injury, and loss of life ensued. Although the
actions of Trump  and the insurrectionists were alarming, the structural factors that
gave rise to this offense are arguably even more troubling. In this paper, we out-
line three criminogenic antecedents that provided individual actors an opportu-
nity to incite insurrection: (1) a lack of clarity and consensus in conceptualizations
of crime, which has resulted in an ambiguous, contentious, and limited foundation
from  which to respond to crimes  of the powerful; (2) a resultant pattern of sym-
bolic punishments  that fails to control these offenses; and (3) Congressional devi-
ance, which  virtually ensures that this environment of nonfeasance will continue.
We  conclude the analysis by proposing policy ideas that will hopefully strengthen
our democracy  and reduce the risk of something similar happening in the future.

Keywords   Crimes of the powerful - Congressional deviance - Impeachment-
Incitement of insurrection - Organizational deviance - State crime



On  January  13, 2021, then-President Donald  Trump  was  impeached  by the U.S.
House  under the charge of incitement of insurrection for his role in the storming
of the Capitol that occurred a week earlier on January 6t, 2021. Trump's  incite-
ment  of insurrection-and  the ensuring actions of his supporters-would  seem  to
be political crimes perpetrated against the state according to Ross's (2003) defini-
tion. In the aftermath of these acts, much of the attention has been directed toward
critically assessing the behavior of President Trump and those who participated in
the insurrection. At the same time, however, there were also deeper forces operating


E  Clayton D. Peoples
   peoplesc @unr.edu

   Department of Sociology, University of Nevada, Reno, NV, USA
2  Department of Sociology, Hobart and William Smith Colleges, Geneva, NY 14456, USA


I_) Springer