In this article, Professor Kennedy examines the tremendous increase in the
severity of punishment in America in recent decades. He posits that crimina
l punishment has come to serve as a new civic religion of sorts for a socie
ty worried about its ability to cohere. The depth of our anxieties about ou
r social solidarity, Kennedy argues, expresses itself in our monstrous conc
eptions of crime and in the corresponding severity of our punishment. His c
onclusion is that crime has come to serve as a rallying cry for a divided a
nd insecure society, and that individuals and groups try to use punishment
and the criminal justice system to send symbolic messages defining core val
ues.