The Failed Promise of Sentencing Reform

Author: Michael O'Hear

Publisher: ABC-CLIO

ISBN: 1440840881

Category: Law

Page: 268

View: 1076

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Despite 15 years of reform efforts, the incarceration rate in the United States remains at an unprecedented high level. This book provides the first comprehensive survey of these reforms and explains why they have proven to be ineffective. • Clearly identifies the real reasons that the wave of post-2000 sentencing reform has had minimal impact on reducing national imprisonment rates • Explains why reforms must target the excessive sentences imposed on violent and sexual offenders, even though the members of these offender groups are considered "justifiably punished" by long prison terms in the public eye • Enables readers to understand why increased consideration for the well-being of offenders and their families is likely a prerequisite to the acceptance of more fundamental changes to the U.S. sentencing system

Up Against a Wall

Rape Reform and the Failure of Success

Author: Rose Corrigan

Publisher: NYU Press

ISBN: 0814707939

Category: Law

Page: 344

View: 6052

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Rape law reform has long been hailed as one of the most successful projects of second-wave feminism. Yet forty years after the anti-rape movement emerged, legal and medical institutions continue to resist implementing reforms intended to provide more just and compassionate legal and medical responses to victims of sexual violence. In Up Against a Wall, Rose Corrigan draws on interviews with over 150 local rape care advocates in communities across the United States to explore how and why mainstream systems continue to resist feminist reforms. In a series of richly detailed case studies, the book weaves together scholarship on law and social movements, feminist theory, policy formation and implementation, and criminal justice to show how the innovative legal strategies employed by anti-rape advocates actually undermined some of their central claims. But even as its more radical elements were thwarted, pieces of the rape law reform project were seized upon by conservative policy-makers and used to justify new initiatives that often prioritize the interests and rights of criminal justice actors or medical providers over the needs of victims.

Wisconsin Sentencing in the Tough-On-Crime Era

How Judges Retained Power and Why Mass Incarceration Happened Anyway

Author: Michael O'Hear

Publisher: University of Wisconsin Pres

ISBN: 0299310205

Category: History

Page: 288

View: 3843

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The dramatic increase in U.S. prison populations since the 1970s is often blamed on mandatory sentencing laws, but this case study of a state with judicial discretion in sentencing reveals that other significant factors influence high incarceration rates.

America's Courts and the Criminal Justice System

Author: David W. Neubauer,Henry F. Fradella

Publisher: Cengage Learning

ISBN: 1337670146

Category: Education

Page: 648

View: 4042

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The premier choice for Courts courses for decades, this popular text offers a comprehensive explanation of the courts and the criminal justice system, presented in a streamlined, straightforward manner that appeals to instructors and students alike. Neubauer and Fradella's crisp and clear writing, characterized by the organization of material into brief sections within chapters, ensures that readers gain a firm handle on the material. At the same time, the text's innovative courtroom workhouse model -- which focuses on the interrelationships among the judge, prosecutor, and defense attorney -- brings the courtroom to life. AMERICA'S COURTS AND THE CRIMINAL JUSTICE SYSTEM has long been known for the way it gives students an accurate glimpse of what it is like to work within the American criminal justice system, and the thirteenth edition is no exception. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Decarcerating America

From Mass Punishment to Public Health

Author: Ernest Drucker

Publisher: The New Press

ISBN: 1620972794

Category: Law

Page: 320

View: 2653

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“A powerful call for reform.” —NPR An all-star team of criminal justice experts present timely, innovative, and humane ways to end mass incarceration Mass incarceration will end—there is an emerging consensus that we’ve been locking up too many people for too long. But with more than 2.2 million Americans behind bars right now, how do we go about bringing people home? Decarcerating America collects some of the leading thinkers in the criminal justice reform movement to strategize about how to cure America of its epidemic of mass punishment. With sections on front-end approaches, as well as improving prison conditions and re-entry, the book includes pieces by leaders across the criminal justice reform movement: Danielle Sered of Common Justice describes successful programs for youth with violent offenses; Robin Steinberg of the Bronx Defenders argues for more resources for defense attorneys to diminish plea bargains; Kathy Boudin suggests changes to the parole model; Jeannie Little offers an alternative for mental health and drug addiction issues; and Eric Lotke offers models of new industries to replace the prison economy. Editor Ernest Drucker applies the tools of epidemiology to help us cure what he calls "a plague of prisons." Decarcerating America will be an indispensable roadmap as the movement to challenge incarceration in America gains critical mass—it shows us how to get people out of prisons, and the more appropriate responses to crime. The ideas presented in this volume are what we are fighting for when we fight against the New Jim Crow.

The Collapse of American Criminal Justice

Author: William J. Stuntz

Publisher: Harvard University Press

ISBN: 0674051750

Category: Law

Page: 413

View: 2479

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Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.

The Prize

Who's in Charge of America's Schools?

Author: Dale Russakoff

Publisher: Houghton Mifflin Harcourt

ISBN: 0547840519

Category: Education

Page: 304

View: 3081

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A New York Times Bestseller Mark Zuckerberg, Chris Christie, and Cory Booker were ready to reform our failing schools. They got an education. When Mark Zuckerberg announced to a cheering Oprah audience his $100 million pledge to transform the downtrodden schools of Newark, New Jersey, then mayor Cory Booker and Governor Chris Christie were beside him, vowing to help make Newark “a symbol of educational excellence for the whole nation.” But their plans soon ran into the city’s seasoned education players, fierce protectors of their billion-dollar-a-year system. It’s a prize that, for generations, has enriched seemingly everyone, except Newark’s children. Dale Russakoff delivers a riveting drama of our times, encompassing the rise of celebrity politics, big philanthropy, extreme economic inequality, the charter school movement, and the struggles and triumphs of schools in one of the nation’s poorest cities. As Cory Booker navigates between his status as “rock star mayor” on Oprah’s stage and object of considerable distrust at home, the tumultuous changes planned by reformers and their highly paid consultants spark a fiery grass-roots opposition stoked by local politicians and union leaders. The growth of charters forces the hand of Newark’s school superintendent Cami Anderson, who closes, consolidates, or redesigns more than a third of the city’s schools—a scenario on the horizon for many urban districts across America. Russakoff provides a close-up view of twenty-six-year-old Mark Zuckerberg and his wife as they decide to give the immense sum of money to Newark and then experience an education of their own amid the fallout of the reforms. Most moving are Russakoff’s portraits from inside classrooms, as homegrown teachers and principals battle heroically to reach students damaged by extreme poverty and violence. The Prize is an absorbing portrait of a titanic struggle, indispensable for anyone who cares about the future of public education and the nation’s children.

Locked In

The True Causes of Mass Incarceration—and How to Achieve Real Reform

Author: John Pfaff

Publisher: Basic Books

ISBN: 0465096921

Category: Social Science

Page: 272

View: 1562

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"Pfaff, let there be no doubt, is a reformer...Nonetheless, he believes that the standard story--popularized in particular by Michelle Alexander, in her influential book, The New Jim Crow--is false. We are desperately in need of reform, he insists, but we must reform the right things, and address the true problem."--Adam Gopnik, The New Yorker A groundbreaking examination of our system of imprisonment, revealing the true causes of mass incarceration as well as the best path to reform In the 1970s, the United States had an incarceration rate comparable to those of other liberal democracies-and that rate had held steady for over 100 years. Yet today, though the US is home to only about 5 percent of the world's population, we hold nearly one quarter of its prisoners. Mass incarceration is now widely considered one of the biggest social and political crises of our age. How did we get to this point? Locked In is a revelatory investigation into the root causes of mass incarceration by one of the most exciting scholars in the country. Having spent fifteen years studying the data on imprisonment, John Pfaff takes apart the reigning consensus created by Michelle Alexander and other reformers, revealing that the most widely accepted explanations-the failed War on Drugs, draconian sentencing laws, an increasing reliance on private prisons-tell us much less than we think. Pfaff urges us to look at other factors instead, including 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. He describes a fractured criminal justice system, in which counties don't pay for the people they send to state prisons, and in which white suburbs set law and order agendas for more-heavily minority cities. And he shows that if we hope to significantly reduce prison populations, we have no choice but to think differently about how to deal with people convicted of violent crimes-and why some people are violent in the first place. An authoritative, clear-eyed account of a national catastrophe, Locked In 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.

Benevolent Repression

Social Control and the American Reformatory-Prison Movement

Author: Alexander W. Pisciotta

Publisher: NYU Press

ISBN: 0814766382

Category: History

Page: 212

View: 6802

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Psychoanalysis works with words, words spoken by a subject who asks that the analyst listen. This is the belief that underlies Francis Moran's rewarding exploration of a central problem in psychoanalytic theory--namely, the separation of the concepts of subject and agency. Subject and Agency in Psychoanalysis contends that Freud simultaneously employs two frameworks for explaining agency-- one clinical and one theoretical. As a result, Freud's exploration of agency proceeds from two logically incompatible assumptions. The division between these assumptions is a part of Freud's psychoanalytic legacy. Moran reads the Freudian inheritance in light of this division, showing how Klein and Hartmann's theoretical concepts of subject are adrift from the subject who speaks in analysis. Moran also shows that while Lacan's subject provides more focus on this issue, Lacan reverts to the Freudian division in his use of logically contradictory assumptions concerning the location of agency. Drawing on contemporary theory development, from Lacanian innovations to the social theories of Anthony Giddens, Moran proposes a new and fertile approach to a fundamental problem, significantly narrowing the gap between psychoanalytic theory and practice.

An Expensive Way to Make Bad People Worse

An Essay on Prison Reform from an Insider's Perspective

Author: Jens Soering

Publisher: Lantern Books

ISBN: 9781590560761

Category: Social Science

Page: 113

View: 627

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The United States has more people locked away in prison per capita than any other counters. Prison building is a multi-billion-dollar industry, and in some states more money is spent on prisons and prisoners than on education. Nearly one quarter of all prison inmates worldwide are housed in U.S. jails or penitentiaries, even though the United States has only five percent of the world's population. Yet, in spite of the vast amount of resources spent on locking people up and the number of people in prison, the United States leads the developed world in the number of homicides and violent assaults. For the last eighteen years, Jens Soering has experienced the inside of many different prison environments, from a youth remand center in London to America's notorious Supermax prisons, to medium-security institutions. What he has seen and experienced has convinced him that not only do prisons not rehabilitate prisoners who may be useful for society once their sentence has ended, but prisons turn petty criminals into hardened convicts all at enormous expense to society. Meanwhile, other nations control their crime rates at a fraction of the cost of the United States correctional system. Soering does not argue that prisons should not exist or dispute that there are people who need to be locked away. His book is not an indictment of the legal system that lands many people in prison. Instead, "An Expensive Way to Make Bad People Worse offers a mainly monetary analysis of why it is absurd fiscal policy to lock people up so often and for so long.

Just Mercy

A Story of Justice and Redemption

Author: Bryan Stevenson

Publisher: Spiegel & Grau

ISBN: 0812994531

Category: Law

Page: 352

View: 9677

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#1 New York Times Bestseller | Named one of the Best Books of the Year by The New York Times • The Washington Post • The Boston Globe • The Seattle Times • Esquire • Time Winner of the Carnegie Medal for Nonfiction | Winner of the NAACP Image Award for Nonfiction | Winner of a Books for a Better Life Award | Finalist for the Los Angeles Book Prize | Finalist for the Kirkus Reviews Prize | An American Library Association Notable Book A powerful true story about the potential for mercy to redeem us, and a clarion call to fix our broken system of justice—from one of the most brilliant and influential lawyers of our time Bryan Stevenson was a young lawyer when he founded the Equal Justice Initiative, a legal practice dedicated to defending those most desperate and in need: the poor, the wrongly condemned, and women and children trapped in the farthest reaches of our criminal justice system. One of his first cases was that of Walter McMillian, a young man who was sentenced to die for a notorious murder he insisted he didn’t commit. The case drew Bryan into a tangle of conspiracy, political machination, and legal brinksmanship—and transformed his understanding of mercy and justice forever. Just Mercy is at once an unforgettable account of an idealistic, gifted young lawyer’s coming of age, a moving window into the lives of those he has defended, and an inspiring argument for compassion in the pursuit of true justice. Praise for Just Mercy “Every bit as moving as To Kill a Mockingbird, and in some ways more so . . . a searing indictment of American criminal justice and a stirring testament to the salvation that fighting for the vulnerable sometimes yields.”—David Cole, The New York Review of Books “Searing, moving . . . Bryan Stevenson may, indeed, be America’s Mandela.”—Nicholas Kristof, The New York Times “You don’t have to read too long to start cheering for this man. . . . The message of this book . . . is that evil can be overcome, a difference can be made. Just Mercy will make you upset and it will make you hopeful.”—Ted Conover, The New York Times Book Review “Inspiring . . . a work of style, substance and clarity . . . Stevenson is not only a great lawyer, he’s also a gifted writer and storyteller.”—The Washington Post “As deeply moving, poignant and powerful a book as has been, and maybe ever can be, written about the death penalty.”—The Financial Times “Brilliant.”—The Philadelphia Inquirer “Not since Atticus Finch has a fearless and committed lawyer made such a difference in the American South. Though larger than life, Atticus exists only in fiction. Bryan Stevenson, however, is very much alive and doing God’s work fighting for the poor, the oppressed, the voiceless, the vulnerable, the outcast, and those with no hope. Just Mercy is his inspiring and powerful story.”—John Grisham “Bryan Stevenson is one of my personal heroes, perhaps the most inspiring and influential crusader for justice alive today, and Just Mercy is extraordinary. The stories told within these pages hold the potential to transform what we think we mean when we talk about justice.”—Michelle Alexander, author of The New Jim Crow

Patent Failure

How Judges, Bureaucrats, and Lawyers Put Innovators at Risk

Author: James Bessen,Michael J. Meurer

Publisher: Princeton University Press

ISBN: 9781400828692

Category: Law

Page: 352

View: 1809

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In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.

Are Prisons Obsolete?

Author: Angela Y. Davis

Publisher: Seven Stories Press

ISBN: 1609801040

Category: Political Science

Page: 129

View: 1189

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With her characteristic brilliance, grace and radical audacity, Angela Y. Davis has put the case for the latest abolition movement in American life: the abolition of the prison. As she quite correctly notes, American life is replete with abolition movements, and when they were engaged in these struggles, their chances of success seemed almost unthinkable. For generations of Americans, the abolition of slavery was sheerest illusion. Similarly,the entrenched system of racial segregation seemed to last forever, and generations lived in the midst of the practice, with few predicting its passage from custom. The brutal, exploitative (dare one say lucrative?) convict-lease system that succeeded formal slavery reaped millions to southern jurisdictions (and untold miseries for tens of thousands of men, and women). Few predicted its passing from the American penal landscape. Davis expertly argues how social movements transformed these social, political and cultural institutions, and made such practices untenable. In Are Prisons Obsolete?, Professor Davis seeks to illustrate that the time for the prison is approaching an end. She argues forthrightly for "decarceration", and argues for the transformation of the society as a whole.

Court Reform on Trial

Why Simple Solutions Fail

Author: Malcolm M. Feeley

Publisher: Quid Pro Books

ISBN: 161027203X

Category: Law

Page: 200

View: 5856

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COURT REFORM ON TRIAL is a recognized study of innovation in the process of criminal justice, and why it so often fails--despite the best intentions of judges, administrators, and reformers. The arc of innovation and disappointment is analyzed through such programs as bail reform, pretrial diversion, speedy trials, and determinate sentencing. The much-maligned system of plea bargaining shifts power to prosecutors away from judges, and formal trials recede in importance--but is that really the problem? Perhaps failure lies in unrealistic expectations, splintered systems and decisionmaking, waning political will, unempowered constituencies, and reformers' hubris. Feeley analyzes the persistent failure and proposes insightful pathways out of the cycle. First commissioned as a study in the influential Twentieth Century Fund series, the book is accessible for today's readers as part of the Classics of Law & Society series of Quid Pro Books. It adds a reflective preface by the author and a new foreword by Greg Berman, Executive Director of the Center for Court Innovation. Calling it an "intellectual touchstone" that's "brimming with energy not resignation," Berman writes that the book "has all of the hallmarks of Feeley's best work. Lucid prose. Idiosyncratic analysis. A willingness to speak truth to vested interests. And a commitment to describing the way the world actually works from a ground-level perspective--as opposed to the official versions of how systems theoretically should function." New ebook edition features active TOC, linked Notes, and proper formatting in a modern digital presentation.

Liberty's Prisoners

Carceral Culture in Early America

Author: Jen Manion

Publisher: University of Pennsylvania Press

ISBN: 0812247574

Category: History

Page: 304

View: 2878

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Liberty's Prisoners examines how changing attitudes about work, freedom, property, and family shaped the creation of the penitentiary system in the United States. The first penitentiary was founded in Philadelphia in 1790, a period of great optimism and turmoil in the Revolution's wake. Those who were previously dependents with no legal standing—women, enslaved people, and indentured servants—increasingly claimed their own right to life, liberty, and happiness. A diverse cast of women and men, including immigrants, African Americans, and the Irish and Anglo-American poor, struggled to make a living. Vagrancy laws were used to crack down on those who visibly challenged longstanding social hierarchies while criminal convictions carried severe sentences for even the most trivial property crimes. The penitentiary was designed to reestablish order, both behind its walls and in society at large, but the promise of reformative incarceration failed from its earliest years. Within this system, women served a vital function, and Liberty's Prisoners is the first book to bring to life the experience of African American, immigrant, and poor white women imprisoned in early America. Always a minority of prisoners, women provided domestic labor within the institution and served as model inmates, more likely to submit to the authority of guards, inspectors, and reformers. White men, the primary targets of reformative incarceration, challenged authorities at every turn while African American men were increasingly segregated and denied access to reform. Liberty's Prisoners chronicles how the penitentiary, though initially designed as an alternative to corporal punishment for the most egregious of offenders, quickly became a repository for those who attempted to lay claim to the new nation's promise of liberty.

Twilight of the Elites

America After Meritocracy

Author: Christopher Hayes

Publisher: Broadway Books

ISBN: 0307720462

Category: Business & Economics

Page: 292

View: 8158

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Analyzes scandals in high-profile institutions, from Wall Street and the Catholic Church to corporate America and Major League Baseball, while evaluating how an elite American meritocracy rose throughout the past half-century before succumbing to unprecedented levels of corruption and failure. 75,000 first printing.

The New Jim Crow

Mass Incarceration in the Age of Colorblindness

Author: Michelle Alexander

Publisher: The New Press

ISBN: 1595586431

Category: Social Science

Page: 312

View: 2701

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Argues that the War on Drugs and policies that deny convicted felons equal access to employment, housing, education and public benefits create a permanent under-caste based largely on race. Reprint. 12,500 first printing.

Sentencing Reform in Overcrowded Times

A Comparative Perspective

Author: Michael H. Tonry,Kate Hamilton,Kathleen Hatlestad

Publisher: Oxford University Press on Demand

ISBN: 019510787X

Category: Social Science

Page: 288

View: 4684

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Sentencing and corrections issues are much the same in every Western nation. Increasingly, countries are importing policies and practices that have succeeded elsewhere. In that spirit, this volume brings together articles on sentencing reform in the United States, other English-speaking countries, and Western Europe, all written by leading national and international authorities on sentencing and punishment policy, practices, and institutions. Timely and readable, many of these essays provide brief yet detailed sentencing policy histories for countries and states. Others offer concise overviews of research on racial disparities, public opinion, and evaluation of the effects of new policies. Together, they illustrate the radical, precipitate, and hyperpoliticized nature of American sentencing reform in the last twenty-five years. Sentencing Reform in Overcrowded Times: A Comparative Perspective fills a major gap in the academic and policy literatures on this subject, and will be essential reading for students, scholars, and practitioners.

Sentencing Reform

Guidance Or Guidelines?

Author: Ken Pease

Publisher: Manchester University Press

ISBN: 9780719023279

Category: Sentences (Criminal procedure)

Page: 208

View: 2971

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Three Strikes Laws

Author: Jennifer Edwards Walsh

Publisher: Greenwood Publishing Group

ISBN: 9780313337086

Category: Law

Page: 185

View: 1580

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Examines the development, implementation, and controversies surrounding the nationwide Three Strikes movement from an objective, comprehensive perspective.