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When Brute Force Fails

Author: Mark A. R. Kleiman

Publisher: Princeton University Press

Published: 2009-08-17

Total Pages: 256

ISBN-13: 1400831261

Cost-effective methods for improving crime control in America Since the crime explosion of the 1960s, the prison population in the United States has multiplied fivefold, to one prisoner for every hundred adults—a rate unprecedented in American history and unmatched anywhere in the world. Even as the prisoner head count continues to rise, crime has stopped falling, and poor people and minorities still bear the brunt of both crime and punishment. When Brute Force Fails explains how we got into the current trap and how we can get out of it: to cut both crime and the prison population in half within a decade. Mark Kleiman demonstrates that simply locking up more people for lengthier terms is no longer a workable crime-control strategy. But, says Kleiman, there has been a revolution—largely unnoticed by the press—in controlling crime by means other than brute-force incarceration: substituting swiftness and certainty of punishment for randomized severity, concentrating enforcement resources rather than dispersing them, communicating specific threats of punishment to specific offenders, and enforcing probation and parole conditions to make community corrections a genuine alternative to incarceration. As Kleiman shows, "zero tolerance" is nonsense: there are always more offenses than there is punishment capacity. But, it is possible—and essential—to create focused zero tolerance, by clearly specifying the rules and then delivering the promised sanctions every time the rules are broken. Brute-force crime control has been a costly mistake, both socially and financially. Now that we know how to do better, it would be immoral not to put that knowledge to work.

Marijuana

Author: Mark Kleiman

Publisher: Praeger

Published: 1989-06-26

Total Pages: 232

ISBN-13:

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A timely, tightly reasoned, thought-provoking examination of ways to select policies for the enforcement of federal marijuana drug laws. Choice Mark Kleiman has written a thorough . . . analysis of federal law enforcement policy options regarding marijuana. The genesis of this work began when he worked as a policy analyst with the U.S. Department of Justice. . . . Kleiman presents a number of major arguments against increased federal enforcement of laws prohibiting marijuana, including that it would: (1) increase the use of other drugs such as PCP and alcohol, (2) increase drug dealing and theft among adolescent users, and (3) increase the involvement of organized crime in the illicit distribution and sale of marijuana due to the attraction of greater profits. Regarding this last item, he argues that as enforcement efforts increase it gives people with a propensity for using violence and corruption a competitive advantage in the marijuana trade. Because Kleiman argues for a severe curtailment of federal law enforcement efforts against marijuana, it will stimulate the debate about the role of federal law with regard to marijuana. Journal of Contemporary Criminal Justice How, and how vigorously, should U.S. federal law enforcement agencies enforce the laws against dealing in marijuana? This book assesses alternative ways of enforcing marijuana laws at the federal level. Marijuana grew out of work begun by Kleiman in 1981-1982 when, as a drug policy analyst for the Department of Justice, he was trying to calculate how an increase in enforcement resources would serve the twin goals of reducing drug abuse and limiting the power and wealth of large criminal organizations. This volume reproduces that analysis, using newer data, and compares results up to 1985-1986 with expectations. It is intended not to second-guess what was done, but to suggest how such choices ought to be made in the future. Kleiman divides his analysis into three parts. First, he identifies what is at stake in marijuana consumption and dealing, estimates the size of the problem, and discusses the criteria to be used in judging a policy recommendation. The second part is devoted to developing a theory of drug dealing and its response to varying levels of enforcement pressure. The remainder of the book applies that theory to the real world and discusses the policy options available now. Kleiman's conclusions are pessimistic about the ability of federal enforcement to influence marijuana consumption. His analysis supports both a reduction in federal marijuana enforcement efforts and a redirection towards the most violent dealing groups. As a study of a critical problem in contemporary American society and as a work of policy analysis, Marijuana will be challenging reading for political scientists, economists, policy analysts, and members of those agencies dealing with drug law enforcement. The serious general reader also will find it thought provoking.

Creating Born Criminals

Author: Nicole Hahn Rafter

Publisher: University of Illinois Press

Published: 1997

Total Pages: 324

ISBN-13: 9780252067419

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But Creating Born Criminals is much more than a look at the past. It is an exploration of the role of biological explanation as a form of discourse and of its impact upon society. While The Bell Curve and other recent books have stopped short of making eugenic recommendations, their contentions point toward eugenic conclusions, and people familiar with the history of eugenics can hear in them its echoes. Rafter demonstrates that we need to know how eugenic reasoning worked in the past and that we must recognize the dangers posed by the dominance of a theory that interprets social problems in biological terms and difference as biological inferiority.

American Homicide

Author: Randolph Roth

Publisher: Harvard University Press

Published: 2010-02-15

Total Pages: 672

ISBN-13: 0674054547

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In American Homicide, Randolph Roth charts changes in the character and incidence of homicide in the U.S. from colonial times to the present. Roth argues that the United States is distinctive in its level of violence among unrelated adults—friends, acquaintances, and strangers. America was extraordinarily homicidal in the mid-seventeenth century, but it became relatively non-homicidal by the mid-eighteenth century, even in the slave South; and by the early nineteenth century, rates in the North and the mountain South were extremely low. But the homicide rate rose substantially among unrelated adults in the slave South after the American Revolution; and it skyrocketed across the United States from the late 1840s through the mid-1870s, while rates in most other Western nations held steady or fell. That surge—and all subsequent increases in the homicide rate—correlated closely with four distinct phenomena: political instability; a loss of government legitimacy; a loss of fellow-feeling among members of society caused by racial, religious, or political antagonism; and a loss of faith in the social hierarchy. Those four factors, Roth argues, best explain why homicide rates have gone up and down in the United States and in other Western nations over the past four centuries, and why the United States is today the most homicidal affluent nation.

Coercion, Survival, and War

Author: Phil Haun

Publisher: Stanford University Press

Published: 2015-07-01

Total Pages: 286

ISBN-13: 080479507X

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In asymmetric interstate conflicts, great powers have the capability to coerce weak states by threatening their survival—but not vice versa. It is therefore the great power that decides whether to escalate a conflict into a crisis by adopting a coercive strategy. In practice, however, the coercive strategies of the U.S. have frequently failed. In Coercion, Survival and War Phil Haun chronicles 30 asymmetric interstate crises involving the US from 1918 to 2003. The U.S. chose coercive strategies in 23 of these cases, but coercion failed half of the time: most often because the more powerful U.S. made demands that threatened the very survival of the weak state, causing it to resist as long as it had the means to do so. It is an unfortunate paradox Haun notes that, where the U.S. may prefer brute force to coercion, these power asymmetries may well lead it to first attempt coercive strategies that are expected to fail in order to justify the war it desires. He concludes that, when coercion is preferred to brute force there are clear limits as to what can be demanded. In such cases, he suggests, U.S. policymakers can improve the chances of success by matching appropriate threats to demands, by including other great powers in the coercive process, and by reducing a weak state leader's reputational costs by giving him or her face-saving options.

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.

In The Name of Justice

Author: Timothy Lynch

Publisher: Cato Institute

Published: 2009-02-24

Total Pages: 285

ISBN-13: 1935308254

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America’s criminal codes are so voluminous that they now bewilder not only the average citizen but also the average lawyer. Our courthouses are so clogged that there is no longer adequate time for trials. And our penitentiaries are overflowing with prisoners. In fact, America now has the highest per capita prison population in the world. This situation has many people wondering whether the American criminal justice system has become dysfunctional. A generation ago Harvard Law Professor Henry Hart Jr. published his classic article, “The Aims of the Criminal Law,” which set forth certain fundamental principles concerning criminal justice. In this book, leading scholars, lawyers, and judges critically examine Hart’s ideas, current legal trends, and whether the “first principles” of American criminal law are falling by the wayside. Policymakers, academics, and citizens alike will enjoy this lively discussion on the nature of crime and punishment, and how the choices we make in formulating criminal laws can impact liberty, security, and justice.

Criminological Theory

Author: J. Robert Lilly

Publisher: SAGE Publications

Published: 2018-11-06

Total Pages: 691

ISBN-13: 1506387284

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"The best organized and most comprehensive theory textbook to use for both graduate and undergraduate students. It provides historical context to the theories, and the authors make it easier for students to relate theory to reality." —Mirlinda Ndrecka, Ph.D., University of New Haven Updated Edition of a Best-Seller! Offering a rich introduction to how scholars analyze crime, Criminological Theory: Context and Consequences moves readers beyond a commonsense knowledge of crime to a deeper understanding of the importance of theory in shaping crime control policies. The Seventh Edition of the authors’ clear, accessible, and thoroughly revised text covers traditional and contemporary theory within a larger sociological and historical context. It includes new sources that assess the empirical status of the major theories, as well as updated coverage of crime control policies and their connection to criminological theory.