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.


The Growth of Incarceration in the United States

The Growth of Incarceration in the United States

Author: Committee on Causes and Consequences of High Rates of Incarceration

Publisher: National Academies Press

Published: 2014-12-31

Total Pages: 800

ISBN-13: 9780309298018

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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.


The New Jim Crow

The New Jim Crow

Author: Michelle Alexander

Publisher: The New Press

Published: 2020-01-07

Total Pages: 434

ISBN-13: 1620971941

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One of the New York Times’s Best Books of the 21st Century 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.


Halfway Home

Halfway Home

Author: Reuben Jonathan Miller

Publisher: Little, Brown

Published: 2021-02-02

Total Pages: 267

ISBN-13: 0316451495

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A "persuasive and essential" (Matthew Desmond) work that will forever change how we look at life after prison in America through Miller's "stunning, and deeply painful reckoning with our nation's carceral system" (Heather Ann Thompson). Each year, more than half a million Americans are released from prison and join a population of twenty million people who live with a felony record. Reuben Miller, a chaplain at the Cook County Jail in Chicago and now a sociologist studying mass incarceration, spent years alongside prisoners, ex-prisoners, their friends, and their families to understand the lifelong burden that even a single arrest can entail. What his work revealed is a simple, if overlooked truth: life after incarceration is its own form of prison. The idea that one can serve their debt and return to life as a full-fledge member of society is one of America's most nefarious myths. Recently released individuals are faced with jobs that are off-limits, apartments that cannot be occupied and votes that cannot be cast. As The Color of Law exposed about our understanding of housing segregation, Halfway Home shows that the American justice system was not created to rehabilitate. Parole is structured to keep classes of Americans impoverished, unstable, and disenfranchised long after they've paid their debt to society. Informed by Miller's experience as the son and brother of incarcerated men, captures the stories of the men, women, and communities fighting against a system that is designed for them to fail. It is a poignant and eye-opening call to arms that reveals how laws, rules, and regulations extract a tangible cost not only from those working to rebuild their lives, but also our democracy. As Miller searchingly explores, America must acknowledge and value the lives of its formerly imprisoned citizens. PEN America 2022 John Kenneth Galbraith Award for Nonfiction Finalist Winner of the 2022 PROSE Award for Excellence in Social Sciences 2022 PROSE Awards Finalist 2022 PROSE Awards Category Winner for Cultural Anthropology and Sociology An NPR Selected 2021 Books We Love As heard on NPR’s Fresh Air


Health and Incarceration

Health and Incarceration

Author: National Research Council

Publisher: National Academies Press

Published: 2013-08-08

Total Pages: 67

ISBN-13: 0309287715

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Over the past four decades, the rate of incarceration in the United States has skyrocketed to unprecedented heights, both historically and in comparison to that of other developed nations. At far higher rates than the general population, those in or entering U.S. jails and prisons are prone to many health problems. This is a problem not just for them, but also for the communities from which they come and to which, in nearly all cases, they will return. Health and Incarceration is the summary of a workshop jointly sponsored by the National Academy of Sciences(NAS) Committee on Law and Justice and the Institute of Medicine(IOM) Board on Health and Select Populations in December 2012. Academics, practitioners, state officials, and nongovernmental organization representatives from the fields of healthcare, prisoner advocacy, and corrections reviewed what is known about these health issues and what appear to be the best opportunities to improve healthcare for those who are now or will be incarcerated. The workshop was designed as a roundtable with brief presentations from 16 experts and time for group discussion. Health and Incarceration reviews what is known about the health of incarcerated individuals, the healthcare they receive, and effects of incarceration on public health. This report identifies opportunities to improve healthcare for these populations and provides a platform for visions of how the world of incarceration health can be a better place.


Mass Incarceration on Trial

Mass Incarceration on Trial

Author: Jonathan Simon

Publisher: The New Press

Published: 2014

Total Pages: 226

ISBN-13: 1595587691

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Mass Incarceration on Trial examines a series of landmark decisions about prison conditions-culminating in Brown v. Plata, decided in May 2011 by the U.S. Supreme Court-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, ultimately, lead to the demise of mass incarceration. This book offers a provocative and brilliant reading to the end of mass incarceration.


Locked In

Locked In

Author: John Pfaff

Publisher: Basic Books

Published: 2017-02-07

Total Pages: 331

ISBN-13: 0465096921

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A groundbreaking reassessment of the American prison system, challenging the widely accepted explanations for our exploding incarceration rates In Locked In, John Pfaff argues that the factors most commonly cited to explain mass incarceration -- the failed War on Drugs, draconian sentencing laws, an increasing reliance on private prisons -- tell us much less than we think. Instead, Pfaff urges us to look at other factors, especially a major shift in prosecutor behavior that occurred in the mid-1990s, when prosecutors began bringing felony charges against arrestees about twice as often as they had before. An authoritative, clear-eyed account of a national catastrophe, Locked In is "a must-read for anyone who dreams of an America that is not the world's most imprisoned nation" (Chris Hayes, author of A Colony in a Nation). It transforms our understanding of what ails the American system of punishment and ultimately forces us to reconsider how we can build a more equitable and humane society.


Race, Incarceration, and American Values

Race, Incarceration, and American Values

Author: Glenn C. Loury

Publisher: MIT Press

Published: 2008-08-22

Total Pages: 96

ISBN-13: 0262260948

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Why stigmatizing and confining a large segment of our population should be unacceptable to all Americans. The United States, home to five percent of the world's population, now houses twenty-five percent of the world's prison inmates. Our incarceration rate—at 714 per 100,000 residents and rising—is almost forty percent greater than our nearest competitors (the Bahamas, Belarus, and Russia). More pointedly, it is 6.2 times the Canadian rate and 12.3 times the rate in Japan. Economist Glenn Loury argues that this extraordinary mass incarceration is not a response to rising crime rates or a proud success of social policy. Instead, it is the product of a generation-old collective decision to become a more punitive society. He connects this policy to our history of racial oppression, showing that the punitive turn in American politics and culture emerged in the post-civil rights years and has today become the main vehicle for the reproduction of racial hierarchies. Whatever the explanation, Loury argues, the uncontroversial fact is that changes in our criminal justice system since the 1970s have created a nether class of Americans—vastly disproportionately black and brown—with severely restricted rights and life chances. Moreover, conservatives and liberals agree that the growth in our prison population has long passed the point of diminishing returns. Stigmatizing and confining of a large segment of our population should be unacceptable to Americans. Loury's call to action makes all of us now responsible for ensuring that the policy changes.


Charged

Charged

Author: Emily Bazelon

Publisher: Random House Trade Paperbacks

Published: 2020-05-05

Total Pages: 450

ISBN-13: 039959003X

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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.