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.

Discipline and Punish
Discipline and Punish

Author: Michel Foucault

Publisher: Vintage

Published: 2012-04-18

Total Pages: 354

ISBN-13: 0307819299

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A brilliant work from the most influential philosopher since Sartre. In this indispensable work, a brilliant thinker suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.

Prisons and Prison Discipline
Prisons and Prison Discipline

Author: James Mill

Publisher:

Published: 2008-12

Total Pages: 48

ISBN-13: 9781409959533

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James Mill (1773-1836) was a Scottish historian, economist, political theorist, and philosopher. He was the father of influential philosopher of classical liberalism, John Stuart Mill. In 1798, he was licensed as a preacher, but met with little success. From 1790 to 1802, in addition to holding various tutorships, he occupied himself with historical and philosophical studies. From 1803 to 1806, he was editor of an ambitious periodical called the Literary Journal. About the end of 1806 he began his The History of British India, which he took twelve years to complete. In 1814, he wrote a number of articles, containing an exposition of utilitarianism, for the supplement to the fifth edition of the Encyclopaedia Britannica, the most important being Jurisprudence, Prisons and Prison Discipline and Government. In 1821, he helped found the Political Economy Club in London, which became a stomping ground for Ricardian economists and Benthamite radicals. Mill's Elements of Political Economy (1821) became the leading textbook exposition of doctrinaire Ricardian economics

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.

Unusually Cruel
Unusually Cruel

Author: Marc Morjé Howard

Publisher: Oxford University Press

Published: 2017

Total Pages: 297

ISBN-13: 0190659343

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The United States incarcerates far more people than any other country in the world, at rates nearly ten times higher than other liberal democracies. Indeed, while the U.S. is home to 5 percent of the world's population, it contains nearly 25 percent of its prisoners. But the extent of American cruelty goes beyond simply locking people up. At every stage of the criminal justice process - plea bargaining, sentencing, prison conditions, rehabilitation, parole, and societal reentry - the U.S. is harsher and more punitive than other comparable countries. In Unusually Cruel, Marc Morjé Howard argues that the American criminal justice and prison systems are exceptional - in a truly shameful way. Although other scholars have focused on the internal dynamics that have produced this massive carceral system, Howard provides the first sustained comparative analysis that shows just how far the U.S. lies outside the norm of established democracies. And, by highlighting how other countries successfully apply less punitive and more productive policies, he provides plausible solutions to addressing America's criminal justice quagmire.

The Scale of Imprisonment
The Scale of Imprisonment

Author: Franklin E. Zimring

Publisher: University of Chicago Press

Published: 1993-09

Total Pages: 262

ISBN-13: 9780226983547

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Two of the nation's foremost criminal justice scholars present a comprehensive assessment of the factors behind the growth and subsequent overcrowding of American prisons. By critiquing the existing scholarship on prison scale from sociology and history to correctional forecasting and economics, they both reveal that explicit policy changes have had little influence on the increases in imprisonment in recent years and analyze whether it is possible to place limits effectively on prison population. "The Scale of Imprisonment has an exceptionally well designed literature review of interest to public policy, criminal justice, and public law scholars. Its careful review, analysis, and critique of research is stimulating and inventive."—American Political Science Review "The authors fram our thoughts about the soaring use of imprisonment and stimulate our thinking about the best way we as criminologists can conduct rational analysis and provide meaningful advice."—Susan Guarino-Ghezzi, Journal of Quantitative Criminology "Zimring and Hawkins bring a long tradition of excellent criminological scholarship to the seemingly intractable problems of prisons, prison overcrowding, and the need for alternative forms of punishment."—J. C. Watkins, Jr., Choice