Incarceration and the Law, Cases and Materials

Incarceration and the Law, Cases and Materials

Author: Margo Schlanger

Publisher: West Academic Publishing

Published: 2020-05-29

Total Pages: 1071

ISBN-13: 9781683287964

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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.


"Prisons Make Us Safer"

Author: Victoria Law

Publisher: Beacon Press

Published: 2021-04-06

Total Pages: 242

ISBN-13: 0807029521

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An accessible guide for activists, educators, and all who are interested in understanding how the prison system oppresses communities and harms individuals. The United States incarcerates more of its residents than any other nation. Though home to 5% of the global population, the United States has nearly 25% of the world’s prisoners—a total of over 2 million people. This number continues to steadily rise. Over the past 40 years, the number of people behind bars in the United States has increased by 500%. Journalist Victoria Law explains how racism and social control were the catalysts for mass incarceration and have continued to be its driving force: from the post-Civil War laws that states passed to imprison former slaves, to the laws passed under the “War Against Drugs” campaign that disproportionately imprison Black people. She breaks down these complicated issues into four main parts: 1. The rise and cause of mass incarceration 2. Myths about prison 3. Misconceptions about incarcerated people 4. How to end mass incarceration Through carefully conducted research and interviews with incarcerated people, Law identifies the 21 key myths that propel and maintain mass incarceration, including: • The system is broken and we simply need some reforms to fix it • Incarceration is necessary to keep our society safe • Prison is an effective way to get people into drug treatment • Private prison corporations drive mass incarceration “Prisons Make Us Safer” is a necessary guide for all who are interested in learning about the cause and rise of mass incarceration and how we can dismantle it.


Prison Law

Prison Law

Author: Stephen Livingstone

Publisher: Oxford University Press, USA

Published: 2008

Total Pages: 856

ISBN-13:

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This book offers a comprehensive outline of the legal rights and duties of prisoners. It sets out the law on such matters as discipline, visits, letters, release and conditions of imprisonment.


Prison Law

Prison Law

Author: Stephen Livingstone

Publisher: Oxford University Press, USA

Published: 2003

Total Pages: 797

ISBN-13: 9780199258994

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Now in its third edition, Prison Law is the leading text in its field. It offers comprehensive coverage of the law and the remedies available to prisoners, including complaints procedures, civil claims, judicial review, and claims under the Human Rights Act. Both domestic and internationalavenues of redress are explained in detail. The book covers all aspects of prison life, from categorization and allocation, to living conditions, access to the outside world, transfer and repatriation, discipline, and the procedures governing the release of fixed term prisoners and those servinglife sentences.The book offers fully up to date coverage of relevant domestic decisions under the Human Rights Act, as well as the caselaw of the European Court of Human Rights. The Prison Rules 1999 are explained and analysed, as are the far-reaching decisions of the European Court of Human Rights on themandatory life sentence and the prison discipline system. It concludes with a new section reviewing current trends in penal practice. Critical analysis and historical perspective are combined with up to date and practical guidance to provide a book which will be invaluable to both practitioners andacademics.


Prison by Any Other Name

Prison by Any Other Name

Author: Maya Schenwar

Publisher: The New Press

Published: 2021-09-07

Total Pages: 237

ISBN-13: 162097701X

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With a new afterword from the authors, the critically praised indictment of widely embraced “alternatives to incarceration” Electronic monitoring. Locked-down drug treatment centers. House arrest. Mandated psychiatric treatment. Data driven surveillance. Extended probation. These are some of the key alternatives held up as cost effective substitutes for jails and prisons. But in a searing, “cogent critique” (Library Journal), Maya Schenwar and Victoria Law reveal that many of these so-called reforms actually weave in new strands of punishment and control, bringing new populations who would not otherwise have been subject to imprisonment under physical control by the state. Whether readers are seasoned abolitionists or are newly interested in sensible alternatives to retrograde policing and criminal justice policies and approaches, this highly praised book offers “a wealth of critical insights” that will help readers “tread carefully through the dizzying terrain of a world turned upside down” and “make sense of what should take the place of mass incarceration” (The Brooklyn Rail). With a foreword by Michelle Alexander, Prison by Any Other Name exposes how a kinder narrative of reform is effectively obscuring an agenda of social control, challenging us to question the ways we replicate the status quo when pursuing change, and offering a bolder vision for truly alternative justice practices.


The Puzzle of Prison Order

The Puzzle of Prison Order

Author: David Skarbek

Publisher: Oxford University Press

Published: 2020-07-01

Total Pages: 241

ISBN-13: 0190672528

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Many people think prisons are all the same-rows of cells filled with violent men who officials rule with an iron fist. Yet, life behind bars varies in incredible ways. In some facilities, prison officials govern with care and attention to prisoners' needs. In others, officials have remarkably little influence on the everyday life of prisoners, sometimes not even providing necessities like food and clean water. Why does prison social order around the world look so remarkably different? In The Puzzle of Prison Order, David Skarbek develops a theory of why prisons and prison life vary so much. He finds that how they're governed-sometimes by the state, and sometimes by the prisoners-matters the most. He investigates life in a wide array of prisons-in Brazil, Bolivia, Norway, a prisoner of war camp, England and Wales, women's prisons in California, and a gay and transgender housing unit in the Los Angeles County Jail-to understand the hierarchy of life on the inside. Drawing on economics and a vast empirical literature on legal systems, Skarbek offers a framework to not only understand why life on the inside varies in such fascinating and novel ways, but also how social order evolves and takes root behind bars.


A Country Called Prison

A Country Called Prison

Author: Mary D. Looman

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 265

ISBN-13: 0190211032

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Weaving together sociological and psychological principles, theories of political reform, and real-life stories from experiences working in prison and with at-risk families, Looman and Carl form a foundation of understanding to demonstrate that prison is a culture, not purely an institution made up of fences, building, and policies.