The Eugenic History of Habitual Offender Laws

Daniel Loehr, The Eugenic History of Habitual Offender Laws, Howard L. J. (2025) (published). SSRN.

Habitual offender laws are widely understood to have emerged from the tough-on-crime movement in the late 1900s. That understanding is inaccurate. This Article argues that habitual offender laws did not emerge from the tough-on-crime movement in the late 1900s but instead from the eugenics movement in the early 1900s.