Who Punishes More? Partisanship, Punitive Policies, and the Puzzle of Democratic Governors

The growth of the carceral state over the last few decades has been remarkable, with millions of Americans in prison, jail, on parole or probation. Political science explanations of this phenomenon identify partisanship as a key explanatory variable in the adoption of punitive policies; by this theory, Republicans are the driving force behind growing incarceration. This article argues this explanation is incomplete and instead emphasizes the bipartisan coalition that constructed the carceral state. I argue Democratic governors are incentivized to pursue more punitive policies to compete with Republicans when those Democrats are electorally vulnerable. I test this proposition using a series of regression discontinuity designs and find causal evidence for Democrats’ complicity in the expansion of the carceral state. Democratic governors who barely win their elections outspend and outincarcerate their Republican counterparts. This article highlights Democrats’ role as key architects in the creation of vast criminal justice institutions in the states when those Democrats are electorally vulnerable.