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.
