Echoes across borders: comparative criminal law and justice in the U.S. landscape

Despite its substantial promise to deepen understanding of domestic criminal laws and their operation, offer alternative approaches to policy challenges, and foster cross-cultural dialogue, comparative criminal law and justice remains only modestly visible in the United States—both in academic discourse and policymaking circles. After tracing the trajectory of comparative criminal law and justice in the United States and examining the primary factors contributing to its marginal status in legal scholarship and reform debates, this Article investigates the reasons for its limited prominence through an analysis of findings from a web-based survey of faculty specializing in criminal law, criminal procedure, and criminal justice at ABA-accredited law schools. The survey assessed how US-based scholars engage with comparative perspectives and how they evaluate their relevance to current debates and reform efforts across US jurisdictions. In contextualizing and discussing the findings, the Article offers original insights into the notion of “American penal exceptionalism,” highlighting how knowledge of foreign criminal law, procedure, and penal policy is perceived and applied within US legal education, research, and policymaking.<br/><br/>While responses reflect a generally favorable view of comparative criminal law, this support often remains aspirational rather than operational. The analysis identifies several structural and cultural barriers to the effective incorporation of comparative approaches, including a dominant focus on the decentralized structure of US criminal law, the complexity of domestic criminal justice institutions, judicial skepticism toward non-US legal sources, and a belief in the uniqueness of the American criminal legal system. Ultimately, the Article argues that although comparative criminal law continues to struggle for traction, it remains an imaginative and valuable enterprise. The effort it demands is considerable, and its reception may be uneven, yet its potential to inform meaningful reform across US jurisdictions is significant. At a time of growing demands for systemic change, engaging seriously with comparative criminal law is not merely worthwhile—it may, in fact, be indispensable.