The Supreme Court S Role In Mass Incarceration

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The Supreme Court’s Role in Mass Incarceration

Author : William T. Pizzi
Publisher : Routledge
Page : 314 pages
File Size : 41,6 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.

Mass Incarceration on Trial

Author : Jonathan Simon
Publisher : Unknown
Page : 0 pages
File Size : 55,5 Mb
Release : 2016
Category : LAW
ISBN : 1620972549

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Mass Incarceration on Trial by Jonathan Simon Pdf

For nearly 40 years the United States has been gripped by policies that have placed more than 2.5 million Americans in jails and prisons designed to hold a fraction of that number of inmates. Our prisons are not only vast and overcrowded, they are degrading. Mass Incarceration on Trial examines a series of landmark decisions about prison conditions that has opened an unexpected escape route from this trap of 'tough on crime' politics. This set of rulings points toward values that could restore legitimate order to American prisons and lead to the end of mass incarceration.

Violent Crime Control and Law Enforcement Act of 1994

Author : United States
Publisher : Unknown
Page : 356 pages
File Size : 47,6 Mb
Release : 1994
Category : Criminal justice, Administration of
ISBN : UCR:31210024842831

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Violent Crime Control and Law Enforcement Act of 1994 by United States Pdf

The New Jim Crow

Author : Michelle Alexander
Publisher : The New Press
Page : 434 pages
File Size : 55,8 Mb
Release : 2020-01-07
Category : Law
ISBN : 9781620971949

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The New Jim Crow by Michelle Alexander Pdf

Named one of the most important nonfiction books of the 21st century by Entertainment Weekly‚ Slate‚ Chronicle of Higher Education‚ Literary Hub, Book Riot‚ and Zora A tenth-anniversary edition of the iconic bestseller—"one of the most influential books of the past 20 years," according to the Chronicle of Higher Education—with a new preface by the author "It is in no small part thanks to Alexander's account that civil rights organizations such as Black Lives Matter have focused so much of their energy on the criminal justice system." —Adam Shatz, London Review of Books Seldom does a book have the impact of Michelle Alexander's The New Jim Crow. Since it was first published in 2010, it has been cited in judicial decisions and has been adopted in campus-wide and community-wide reads; it helped inspire the creation of the Marshall Project and the new $100 million Art for Justice Fund; it has been the winner of numerous prizes, including the prestigious NAACP Image Award; and it has spent nearly 250 weeks on the New York Times bestseller list. Most important of all, it has spawned a whole generation of criminal justice reform activists and organizations motivated by Michelle Alexander's unforgettable argument that "we have not ended racial caste in America; we have merely redesigned it." As the Birmingham News proclaimed, it is "undoubtedly the most important book published in this century about the U.S." Now, ten years after it was first published, The New Press is proud to issue a tenth-anniversary edition with a new preface by Michelle Alexander that discusses the impact the book has had and the state of the criminal justice reform movement today.

The New Criminal Justice Thinking

Author : Sharon Dolovich,Alexandra Natapoff
Publisher : NYU Press
Page : 356 pages
File Size : 44,7 Mb
Release : 2017-03-28
Category : Law
ISBN : 9781479831548

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The New Criminal Justice Thinking by Sharon Dolovich,Alexandra Natapoff Pdf

A vital collection for reforming criminal justice After five decades of punitive expansion, the entire U.S. criminal justice system— mass incarceration, the War on Drugs, police practices, the treatment of juveniles and the mentally ill, glaring racial disparity, the death penalty and more — faces challenging questions. What exactly is criminal justice? How much of it is a system of law and how much is a collection of situational social practices? What roles do the Constitution and the Supreme Court play? How do race and gender shape outcomes? How does change happen, and what changes or adaptations should be pursued? The New Criminal Justice Thinking addresses the challenges of this historic moment by asking essential theoretical and practical questions about how the criminal system operates. In this thorough and thoughtful volume, scholars from across the disciplines of legal theory, sociology, criminology, Critical Race Theory, and organizational theory offer crucial insights into how the criminal system works in both theory and practice. By engaging both classic issues and new understandings, this volume offers a comprehensive framework for thinking about the modern justice system. For those interested in criminal law and justice, The New Criminal Justice Thinking offers a profound discussion of the complexities of our deeply flawed criminal justice system, complexities that neither legal theory nor social science can answer alone.

Death and Other Penalties

Author : Lisa Guenther,Scott Zeman
Publisher : Fordham Univ Press
Page : 424 pages
File Size : 53,5 Mb
Release : 2015-04-01
Category : Philosophy
ISBN : 9780823265312

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Death and Other Penalties by Lisa Guenther,Scott Zeman Pdf

Mass incarceration is one of the most pressing ethical and political issues of our time. In this volume, philosophers join activists and those incarcerated on death row to grapple with contemporary U.S. punishment practices and draw out critiques around questions of power, identity, justice, and ethical responsibility. This work takes shape against a backdrop of disturbing trends: The United States incarcerates more of its own citizens than any other country in the world. A disproportionate number of these prisoners are people of color, and, today, a black man has a greater chance of going to prison than to college. The United States is the only Western democracy to retain the death penalty, even after decades of scholarship, statistics, and even legal decisions have depicted a deeply flawed system structured by racism and class oppression. Motivated by a conviction that mass incarceration and state execution are among the most important ethical and political problems of our time, the contributors to this volume come together from a diverse range of backgrounds to analyze, critique, and envision alternatives to the injustices of the U.S. prison system, with recourse to deconstruction, phenomenology, critical race theory, feminism, queer theory, and disability studies. They engage with the hyper-incarceration of people of color, the incomplete abolition of slavery, the exploitation of prisoners as workers and as “raw material” for the prison industrial complex, the intensive confinement of prisoners in supermax units, and the complexities of capital punishment in an age of abolition. The resulting collection contributes to a growing intellectual and political resistance to the apparent inevitability of incarceration and state execution as responses to crime and to social inequalities. It addresses both philosophers and activists who seek intellectual resources to contest the injustices of punishment in the United States.

Prisoners of Politics

Author : Rachel Elise Barkow
Publisher : Harvard University Press
Page : 305 pages
File Size : 40,8 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.

Start Here

Author : Greg Berman
Publisher : The New Press
Page : 136 pages
File Size : 44,7 Mb
Release : 2018-03-06
Category : Law
ISBN : 9781620972243

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Start Here by Greg Berman Pdf

As heard on NPR's Fresh Air Recommended by The New York Times' Sam Roberts “Start Here is an urgent and timely primer on the approaches that are working and don’t require federal approval or political revolution to end one of the most pressing justice issues the country faces today.” —Brooklyn Daily Eagle A bold agenda for criminal justice reform based on equal parts pragmatism and idealism, from the visionary director of the Center for Court Innovation, a leader of the reform movement Everyone knows that the United States leads the world in incarceration, and that our political process is gridlocked. What can be done right now to reduce the number of people sent to jail and prison? This essential book offers a concrete roadmap for both professionals and general readers who want to move from analysis to action. In this forward-looking, next-generation criminal justice reform book, Greg Berman and Julian Adler of the Center for Court Innovation highlight the key lessons from these programs—engaging the public in preventing crime, treating all defendants with dignity and respect, and linking people to effective community-based interventions rather than locking them up. Along the way, they tell a series of gripping stories, highlighting gang members who have gotten their lives back on track, judges who are transforming their courtrooms, and reformers around the country who are rethinking what justice looks like. While Start Here offers no silver bullets, it does put forth a suite of proven reforms—from alternatives to bail to diversion programs for mentally ill defendants—that will improve the lives of thousands of people right now. Start Here is a must-read for everyone who wants to start dismantling mass incarceration without waiting for a revolution or permission. Proceeds from the book will support the Center for Court Innovation's reform efforts.

Supreme Injustice

Author : Paul Finkelman
Publisher : Harvard University Press
Page : 301 pages
File Size : 43,5 Mb
Release : 2018-01-08
Category : Law
ISBN : 9780674051218

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Supreme Injustice by Paul Finkelman Pdf

In ruling after ruling, the three most important pre–Civil War justices—Marshall, Taney, and Story—upheld slavery. Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the personal incentives that embedded racism ever deeper in American civic life.

The Effects of Incarceration and Reentry on Community Health and Well-Being

Author : National Academies of Sciences, Engineering, and Medicine,Health and Medicine Division,Board on Population Health and Public Health Practice,Roundtable on the Promotion of Health Equity
Publisher : National Academies Press
Page : 89 pages
File Size : 41,5 Mb
Release : 2020-04-17
Category : Medical
ISBN : 9780309493666

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The Effects of Incarceration and Reentry on Community Health and Well-Being by National Academies of Sciences, Engineering, and Medicine,Health and Medicine Division,Board on Population Health and Public Health Practice,Roundtable on the Promotion of Health Equity Pdf

The high rate of incarceration in the United States contributes significantly to the nation's health inequities, extending beyond those who are imprisoned to families, communities, and the entire society. Since the 1970s, there has been a seven-fold increase in incarceration. This increase and the effects of the post-incarceration reentry disproportionately affect low-income families and communities of color. It is critical to examine the criminal justice system through a new lens and explore opportunities for meaningful improvements that will promote health equity in the United States. The National Academies convened a workshop on June 6, 2018 to investigate the connection between incarceration and health inequities to better understand the distributive impact of incarceration on low-income families and communities of color. Topics of discussion focused on the experience of incarceration and reentry, mass incarceration as a public health issue, women's health in jails and prisons, the effects of reentry on the individual and the community, and promising practices and models for reentry. The programs and models that are described in this publication are all Philadelphia-based because Philadelphia has one of the highest rates of incarceration of any major American city. This publication summarizes the presentations and discussions of the workshop.

The Growth of Incarceration in the United States

Author : Committee on Causes and Consequences of High Rates of Incarceration,Committee on Law and Justice,Division of Behavioral and Social Sciences and Education,National Research Council
Publisher : National Academies Press
Page : 800 pages
File Size : 51,6 Mb
Release : 2014-12-31
Category : Law
ISBN : 0309298016

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The Growth of Incarceration in the United States by Committee on Causes and Consequences of High Rates of Incarceration,Committee on Law and Justice,Division of Behavioral and Social Sciences and Education,National Research Council Pdf

After decades of stability from the 1920s to the early 1970s, the rate of imprisonment in the United States has increased fivefold during the last four decades. The U.S. penal population of 2.2 million adults is by far the largest in the world. Just under one-quarter of the world's prisoners are held in American prisons. The U.S. rate of incarceration, with nearly 1 out of every 100 adults in prison or jail, is 5 to 10 times higher than the rates in Western Europe and other democracies. The U.S. prison population is largely drawn from the most disadvantaged part of the nation's population: mostly men under age 40, disproportionately minority, and poorly educated. Prisoners often carry additional deficits of drug and alcohol addictions, mental and physical illnesses, and lack of work preparation or experience. The growth of incarceration in the United States during four decades has prompted numerous critiques and a growing body of scientific knowledge about what prompted the rise and what its consequences have been for the people imprisoned, their families and communities, and for U.S. society. The Growth of Incarceration in the United States examines research and analysis of the dramatic rise of incarceration rates and its affects. This study makes the case that the United States has gone far past the point where the numbers of people in prison can be justified by social benefits and has reached a level where these high rates of incarceration themselves constitute a source of injustice and social harm. The Growth of Incarceration in the United States examines policy changes that created an increasingly punitive political climate and offers specific policy advice in sentencing policy, prison policy, and social policy. The report also identifies important research questions that must be answered to provide a firmer basis for policy. This report is a call for change in the way society views criminals, punishment, and prison. This landmark study assesses the evidence and its implications for public policy to inform an extensive and thoughtful public debate about and reconsideration of policies.

Incarceration and the Law, Cases and Materials

Author : Margo Schlanger,Sheila Bedi,David M. Shapiro,Lynn S. Branham
Publisher : West Academic Publishing
Page : 1071 pages
File Size : 44,5 Mb
Release : 2020-05-29
Category : Electronic
ISBN : 1683287967

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Incarceration and the Law, Cases and Materials by Margo Schlanger,Sheila Bedi,David M. Shapiro,Lynn S. Branham Pdf

In the age of American mass incarceration, a complex legal regime governs prison conditions and presents a host of controversial questions at the intersection of constitutional liberty, statutory interpretation, administrative regulation, and public policy. This is a completely overhauled, re-titled, and much-expanded version of the leading casebook about incarceration. It addresses both pretrial and post-conviction incarceration, presenting Supreme Court and leading lower court case law, statutes, litigation materials, professional standards, academic commentary, and prisoner writing. Topics include conditions of confinement, civil liberties, particular prisoner populations and relevant legal issues (race and national origin discrimination, the particular issues/law governing treatment of incarcerated women, LGBTQ people, and people with disabilities). Litigated remedies (injunctive litigation, damages, the Prison Litigation Reform Act, and criminal prosecution of prison staff), are also covered in detail, as is non-litigation oversight. The casebook is supplemented by an open-access website that offers additional resources and sources for further reading.

Charged

Author : Emily Bazelon
Publisher : Random House Trade Paperbacks
Page : 450 pages
File Size : 46,8 Mb
Release : 2020-05-05
Category : Social Science
ISBN : 9780399590030

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Charged by Emily Bazelon Pdf

NEW YORK TIMES BESTSELLER • A renowned journalist and legal commentator exposes the unchecked power of the prosecutor as a driving force in America’s mass incarceration crisis—and charts a way out. “An important, thoughtful, and thorough examination of criminal justice in America that speaks directly to how we reduce mass incarceration.”—Bryan Stevenson, author of Just Mercy “This harrowing, often enraging book is a hopeful one, as well, profiling innovative new approaches and the frontline advocates who champion them.”—Matthew Desmond, author of Evicted FINALIST FOR THE LOS ANGELES TIMES BOOK PRIZE • SHORTLISTED FOR THE J. ANTHONY LUKAS BOOK PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY NPR • The New York Public Library • Library Journal • Publishers Weekly • Kirkus Reviews The American criminal justice system is supposed to be a contest between two equal adversaries, the prosecution and the defense, with judges ensuring a fair fight. That image of the law does not match the reality in the courtroom, however. Much of the time, it is prosecutors more than judges who control the outcome of a case, from choosing the charge to setting bail to determining the plea bargain. They often decide who goes free and who goes to prison, even who lives and who dies. In Charged, Emily Bazelon reveals how this kind of unchecked power is the underreported cause of enormous injustice—and the missing piece in the mass incarceration puzzle. Charged follows the story of two young people caught up in the criminal justice system: Kevin, a twenty-year-old in Brooklyn who picked up his friend’s gun as the cops burst in and was charged with a serious violent felony, and Noura, a teenage girl in Memphis indicted for the murder of her mother. Bazelon tracks both cases—from arrest and charging to trial and sentencing—and, with her trademark blend of deeply reported narrative, legal analysis, and investigative journalism, illustrates just how criminal prosecutions can go wrong and, more important, why they don’t have to. Bazelon also details the second chances they prosecutors can extend, if they choose, to Kevin and Noura and so many others. She follows a wave of reform-minded D.A.s who have been elected in some of our biggest cities, as well as in rural areas in every region of the country, put in office to do nothing less than reinvent how their job is done. If they succeed, they can point the country toward a different and profoundly better future.

Usual Cruelty

Author : Alec Karakatsanis
Publisher : The New Press
Page : 130 pages
File Size : 53,5 Mb
Release : 2019-10-29
Category : Law
ISBN : 9781620975282

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Usual Cruelty by Alec Karakatsanis Pdf

From an award-winning civil rights lawyer, a profound challenge to our society's normalization of the caging of human beings, and the role of the legal profession in perpetuating it Alec Karakatsanis is interested in what we choose to punish. For example, it is a crime in most of America for poor people to wager in the streets over dice; dice-wagerers can be seized, searched, have their assets forfeited, and be locked in cages. It's perfectly fine, by contrast, for people to wager over international currencies, mortgages, or the global supply of wheat; wheat-wagerers become names on the wings of hospitals and museums. He is also troubled by how the legal system works when it is trying to punish people. The bail system, for example, is meant to ensure that people return for court dates. But it has morphed into a way to lock up poor people who have not been convicted of anything. He's so concerned about this that he has personally sued court systems across the country, resulting in literally tens of thousands of people being released from jail when their money bail was found to be unconstitutional. Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings—an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color and for which the legal system has never offered sufficient justification. Usual Cruelty is a profoundly radical reconsideration of the American "injustice system" by someone who is actively, wildly successfully, challenging it.

Punishing Places

Author : Jessica T. Simes
Publisher : Univ of California Press
Page : 251 pages
File Size : 42,7 Mb
Release : 2021-10-19
Category : Law
ISBN : 9780520380332

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Punishing Places by Jessica T. Simes Pdf

A spatial view of punishment -- The urban model -- Small cities and mass incarceration -- Social services beyond the city : isolation and regional inequity -- Race and communities of pervasive incarceration -- Punishing places -- Beyond punishing places : a research and reform agenda -- Appendix : data and methodology.