The Failed Promise Of Sentencing Reform

Author : Michael O'Hear
Publisher : Bloomsbury Publishing USA
Page : 213 pages
File Size : 40,5 Mb
Release : 2017-03-20
Category : Political Science
ISBN : 9798216082903

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The Failed Promise of Sentencing Reform by Michael O'Hear Pdf

Despite 15 years of reform efforts, the incarceration rate in the United States remains unprecedentedly high. This book provides the first comprehensive survey of these reforms and explains why they have proven to be ineffective. After many decades of stability, the imprisonment rate in the United States quintupled between 1973 and 2003. Since then, nearly all states have adopted multiple reforms intended to reduce imprisonment, but the U.S. imprisonment rate has only decreased by a paltry 2 percent. Why have American sentencing reforms since 2000 been largely ineffective? Are tough mandatory minimum sentences for nonviolent drug offenders the primary reason our prisons are always full? This book offers a fascinating assessment of the wave of sentencing reforms adopted by dozens of states as well as changes at the federal level since 2000, identifying common themes among seemingly disparate changes in sentencing policy and highlighting recent reform efforts that have been more successful and may point the way forward for the nation as a whole. In The Failed Promise of Sentencing Reform, Michael O'Hear exposes the myths that American prison sentencing reforms enacted in the 21st century have failed to have the expected effect because U.S. prisons are filled to capacity with nonviolent drug offenders as a result of the "war on drugs" or because of new laws that took away the discretion of judges and corrections officials. O'Hear then makes a convincing case for the real reasons sentencing reforms have come up short: because they exclude violent and sexual offenders, and because they rely on the discretion of officials who still have every incentive to be highly risk-averse. He also highlights how overlooking the well-being of offenders and their families in our consideration of sentencing reform has undermined efforts to effect real change.

Author : Michael O'Hear
Publisher : Bloomsbury Publishing USA
Page : 291 pages
File Size : 44,8 Mb
Release : 2017-03-20
Category : Political Science
ISBN : 9781440840883

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The Failed Promise of Sentencing Reform by Michael O'Hear Pdf

Despite 15 years of reform efforts, the incarceration rate in the United States remains unprecedentedly high. This book provides the first comprehensive survey of these reforms and explains why they have proven to be ineffective. After many decades of stability, the imprisonment rate in the United States quintupled between 1973 and 2003. Since then, nearly all states have adopted multiple reforms intended to reduce imprisonment, but the U.S. imprisonment rate has only decreased by a paltry 2 percent. Why have American sentencing reforms since 2000 been largely ineffective? Are tough mandatory minimum sentences for nonviolent drug offenders the primary reason our prisons are always full? This book offers a fascinating assessment of the wave of sentencing reforms adopted by dozens of states as well as changes at the federal level since 2000, identifying common themes among seemingly disparate changes in sentencing policy and highlighting recent reform efforts that have been more successful and may point the way forward for the nation as a whole. In The Failed Promise of Sentencing Reform, Michael O'Hear exposes the myths that American prison sentencing reforms enacted in the 21st century have failed to have the expected effect because U.S. prisons are filled to capacity with nonviolent drug offenders as a result of the "war on drugs" or because of new laws that took away the discretion of judges and corrections officials. O'Hear then makes a convincing case for the real reasons sentencing reforms have come up short: because they exclude violent and sexual offenders, and because they rely on the discretion of officials who still have every incentive to be highly risk-averse. He also highlights how overlooking the well-being of offenders and their families in our consideration of sentencing reform has undermined efforts to effect real change.

Author : Kay Whitlock
Publisher : Univ of California Press
Page : 276 pages
File Size : 45,5 Mb
Release : 2021-09-21
Category : History
ISBN : 9780520974807

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Carceral Con by Kay Whitlock Pdf

A critical examination of how contemporary criminal justice reforms expand rather than shrink structurally violent systems of policing, surveillance, and carceral control in the United States. Public opposition to the structural racist, gendered, and economic violence that fuels the criminal legal system is reaching a critical mass. Ignited by popular uprisings, protests, and campaigns against state violence, demands for transformational change have escalated. In response, a now deeply entrenched so-called bipartisan industry has staked its claim to the reform terrain. Representing itself as a sensible bridge across bitterly polarized political divides and party lines, the bipartisan reform industry has sought to control the nature and scope of local, state, and federal reforms. Along the way, it creates an expanding web of neoliberal public-private partnerships, with the promotion and implementation of efforts managed by billionaires, public officials, policy factories, foundations, universities, and mega nonprofit organizations. Yet many bipartisan reforms constitute deceptive sleights of hand that not only fail to produce justice but actively reproduce structural racial and economic inequality. Carceral Con pulls the veil away from the reform public relations machine, providing a riveting overview of the repressive US carceral state and a critical examination of the reform terrain, quagmires, and choices that face us. This book vividly illustrates how contemporary bipartisan reform agendas leave the structural apparatus of mass incarceration intact while widening the net of carceral control and surveillance. Readers are also provided with information and insights useful for examining the likely impacts of reforms today and in the future. What can we learn from reforms of the past? What strategies hold most promise for dismantling structural inequalities, corporate control, and state violence? What approaches will reduce reliance on carceral control and also bring about community safety? Utilizing an abolitionist lens, Carceral Con makes the compelling case for liberatory approaches to envisioning and creating a just society.

Author : Jonathan Rapping
Publisher : Beacon Press
Page : 250 pages
File Size : 45,9 Mb
Release : 2020-08-18
Category : Law
ISBN : 9780807064627

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Gideon's Promise by Jonathan Rapping Pdf

A blueprint for criminal justice reform that lays the foundation for how model public defense programs should work to end mass incarceration. Combining wisdom drawn from over a dozen years as a public defender and cutting-edge research in the fields of organizational and cultural psychology, Jonathan Rapping proposes a radical cultural shift to a “fiercely client-based ethos” driven by values-based recruitment training, awakening defenders to their role in upholding an unjust status quo, and a renewed pride in the essential role of moral lawyering in a democratic society. Public defenders represent over 80% of those who interact with the court system, a disproportionate number of whom are poor, non-white citizens who rely on them to navigate the law on their behalf. More often than not, even the most well-meaning of those defenders are over-worked, under-funded, and incentivized to put the interests of judges and politicians above those of their clients in a culture that beats the passion out of talented, driven advocates, and has led to an embarrassingly low standard of justice for those who depend on the promises of Gideon v. Wainwright. However, rather than arguing for a change in rules that govern the actions of lawyers, judges, and other advocates, Rapping proposes a radical cultural shift to a “fiercely client-based ethos” driven by values-based recruitment and training, awakening defenders to their role in upholding an unjust status quo, and a renewed pride in the essential role of moral lawyering in a democratic society. Through the story of founding Gideon’s Promise and anecdotes of his time as a defender and teacher, Rapping reanimates the possibility of public defenders serving as a radical bulwark against government oppression and a megaphone to amplify the voices of those they serve.

Author : Rachel Elise Barkow
Publisher : Harvard University Press
Page : 305 pages
File Size : 44,5 Mb
Release : 2019-03-04
Category : Law
ISBN : 9780674919235

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Prisoners of Politics by Rachel Elise Barkow Pdf

America’s criminal justice system reflects irrational fears stoked by politicians seeking to win election. Pointing to specific policies that are morally problematic and have failed to end the cycle of recidivism, Rachel Barkow argues that reform guided by evidence, not politics and emotions, will reduce crime and reverse mass incarceration.

Author : Christopher Slobogin
Publisher : Cambridge University Press
Page : 183 pages
File Size : 45,9 Mb
Release : 2021-07-29
Category : Computers
ISBN : 9781108833974

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Just Algorithms by Christopher Slobogin Pdf

Properly developed algorithms can reduce incarceration and help policymakers adopt more legally sophisticated bail and sentencing practices.

Author : Michael Tonry
Publisher : University of Chicago Press
Page : 492 pages
File Size : 49,7 Mb
Release : 2024-01-15
Category : Social Science
ISBN : 9780226835617

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Crime and Justice, Volume 52 by Michael Tonry Pdf

Volume 52 is an annual survey of cutting-edge issues by preeminent criminology scholars. Since 1979, Crime and Justice has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cures. In both the review and the thematic volumes, Crime and Justice offers an interdisciplinary approach to address core issues in criminology.

Author : Rosann Greenspan,Hadar Aviram,Jonathan Simon
Publisher : Cambridge University Press
Page : 407 pages
File Size : 45,6 Mb
Release : 2019-06-13
Category : Law
ISBN : 9781108415682

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The Legal Process and the Promise of Justice by Rosann Greenspan,Hadar Aviram,Jonathan Simon Pdf

Malcolm Feeley's classic scholarship on courts, criminal justice, legal reform, and the legal complex, examined by law and society scholars.

Author : William T. Pizzi
Publisher : Routledge
Page : 314 pages
File Size : 41,5 Mb
Release : 2020-09-17
Category : Fiction
ISBN : 9781000180466

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The Supreme Court’s Role in Mass Incarceration by William T. Pizzi Pdf

The Supreme Court’s Role in Mass Incarceration illuminates the role of the United States Supreme Court’s criminal procedure revolution as a contributing factor to the rise in U.S. incarceration rates. Noting that the increase in mass incarceration began climbing just after the Warren Court years and continued to climb for the next four decades—despite the substantial decline in the crime rate—the author posits that part of the explanation is the Court’s failure to understand that a trial system with robust rights for defendants is not a strong trial system unless it is also reliable and efficient. There have been many explanations offered for the sudden and steep escalation in the U.S. incarceration rate, such as "it was the war on drugs" to "it was our harsh sentencing statutes." Those explanations have been shown to be inadequate. This book contends that we have overlooked a more powerful force in the rise of our incarceration rate—the long line of Supreme Court decisions, starting in the Warren Court era, that made the criminal justice system so complicated and expensive that it no longer serves to protect defendants. For the vast majority of defendants, their constitutional rights are irrelevant, as they are forced to accept plea bargains or face the prospect of a comparatively harsh sentence, if convicted. The prospect of a trial, once an important restraint on prosecutors in charging, has disappeared and plea-bargaining rules. This book is essential reading for both graduate and undergraduate students in corrections and criminal justice courses as well as judges, attorneys, and others working in the criminal justice system.

Author : Kay Wilson,Yvette Maker,Piers Gooding,Jamie Walvisch
Publisher : Taylor & Francis
Page : 284 pages
File Size : 54,7 Mb
Release : 2023-09-15
Category : Law
ISBN : 9781000954784

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The Future of Mental Health, Disability and Criminal Law by Kay Wilson,Yvette Maker,Piers Gooding,Jamie Walvisch Pdf

This book brings together contributions from twenty-three world-leading scholars and commentators that address a range of contemporary and pressing international themes in mental health, disability and criminal law. The authors use the work of internationally renowned academic, Emeritus Professor Bernadette McSherry, as a springboard to reflect on recent developments in these areas of law and to anticipate the future directions they may take. In doing so, they aim to inform and inspire a new generation of mental health, disability and criminal law scholars, advocates and reformers. The book is divided into four substantive sections: reforming mental health and disability law; regulating coercion and restrictive practices; improving access to justice and the criminal law; and transforming mental health law. It also includes an introduction from the editors and an afterword from Emeritus Professor McSherry. The book is aimed at regulators, policymakers, lawyers, clinicians, consumer advocates and academics who are interested in the urgent and contentious issues surrounding the reform and development of mental health, disability and criminal law. It will help them understand the key issues and problems and presents suggestions for reform. The book is interdisciplinary and international in its focus.

Author : Pamala L. Griset
Publisher : State University of New York Press
Page : 250 pages
File Size : 43,9 Mb
Release : 1991-07-03
Category : Social Science
ISBN : 9781438405049

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Determinate Sentencing by Pamala L. Griset Pdf

This book discusses in depth the rise and fall of the determinate ideal, once heralded as a replacement to the old order of criminal justice. Using new materials and combining political, empirical, and theoretical perspectives, Griset examines the attempt in New York State to establish determinate sentencing — "punishment for its own sake" — to replace the existing policy of rehabilitation. In portraying New York's experience against the backdrop of a national reform agenda, she analyzes the development and ultimate failure of a major social movement.

Author : Michael Jacobson
Publisher : NYU Press
Page : 304 pages
File Size : 48,6 Mb
Release : 2006-09
Category : Political Science
ISBN : 9780814742914

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Downsizing Prisons by Michael Jacobson Pdf

"There is a better path, and this book shows us how to find that new direction." --Los Angeles Times"Downsizing Prisons offers an innovative approach to reducing the strain on America's overcrowded prisons: namely, by fixing the dysfunctional parole systems in states around the country. . . . Jacobson's book comes at exactly the right time." --Mother Jones"Policy wonks, journalists, elected officials and students of criminal justice will find the arguments and data in this book worth grappling with." --New York Newsday"Should be read by the public and used by policy makers. Essential." --Choice"Downsizing Prisons explains not only why current incarceration policy is not working, but what we can do about it. Michael Jacobson's blueprint provides an overview of a pragmatic strategy that can reduce the size of our bloated prison system while improving prospects for public safety." -- Marc Mauer, author of Race to Incarcerate"A very timely book, offering a unique and important perspective on a topic of widespread concern." --David Garland, author of The Culture of Control"In this excellent book, Michael Jacobson addresses one of the most important problems facing our society today, our bloated prisons. He traces their growth, the unintended consequences of this excessive punitive development and examines 'the new reality' of managing the hundreds of new, overcrowded prisons. He also demonstrates that this expansion has done nothing to reduce crime." --John Irwin, author of The Felon"Michael Jacobson's excellent book combines the hands-on experience of a seasoned policy practitioner with a researcher's keen sense of the political and economic climate in which criminal justice policy isformed." --Bruce Western, co-editor of Imprisoning America: The Social Effects of Mass IncarcerationOver

Author : Matthew Epperson,Carrie Pettus-Davis
Publisher : Oxford University Press
Page : 305 pages
File Size : 45,8 Mb
Release : 2017
Category : Social Science
ISBN : 9780190653095

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Smart Decarceration by Matthew Epperson,Carrie Pettus-Davis Pdf

Smart Decarceration is a forward-thinking, practical volume that provides innovative concepts and concrete strategies for ushering in an era of decarceration-a proactive and effective undoing of the era of mass incarceration. The text grapples with tough questions and takes up the challenge of transforming America's approach to criminal justice in the 21st century. The primary purpose of this book is to inform both academic and public understanding-to place the challenge of smart decarceration at the center of the current national discourse, taking into account the realities of the current sociopolitical context-and to propose beginning action steps. This is achieved by first outlining and addressing questions such as: What if incarceration were not an option for most?; Whose voices are essential in this era of decarceration?; What is the state of evidence for solutions?; How do we generate and adopt empirically driven reforms?; How do we redifine and rethink justice in the United States? Smart Decarceration offers a way forward in building a field of decarceration through provocative but reasoned challenges to existing approaches to criminal justice reforms, lively focus on potential solutions, and action steps for meaningful change. Book jacket.

Author : William J. Stuntz
Publisher : Harvard University Press
Page : 425 pages
File Size : 43,9 Mb
Release : 2011-09-30
Category : History
ISBN : 9780674051751

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The Collapse of American Criminal Justice by William J. Stuntz Pdf

Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.

Author : James Austin
Publisher : Unknown
Page : 36 pages
File Size : 44,8 Mb
Release : 1981
Category : Community-based corrections
ISBN : OCLC:12037842

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The Unmet Promise of Alternatives to Incarceration by James Austin Pdf