Incarceration and the Law, Cases and Materials

Incarceration and the Law, Cases and Materials PDF Author: Margo Schlanger
Publisher: West Academic Publishing
ISBN: 9781683287964
Category :
Languages : en
Pages : 1071

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Book Description
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.

Incarceration and the Law, Cases and Materials

Incarceration and the Law, Cases and Materials PDF Author: Margo Schlanger
Publisher: West Academic Publishing
ISBN: 9781683287964
Category :
Languages : en
Pages : 1071

Get Book Here

Book Description
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 Oxford Handbook of Prisons and Imprisonment

The Oxford Handbook of Prisons and Imprisonment PDF Author: John Wooldredge
Publisher: Oxford University Press
ISBN: 0199948151
Category : Social Science
Languages : en
Pages : 777

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Book Description
The Oxford Handbook of Prisons and Imprisonment provides the only single source that bridges social scientific and behavioral perspectives, providing graduate students with a more comprehensive understanding of the topic, academics with a body of knowledge that will more effectively inform their own research, and practitioners with an overview of evidence-based best practices.

Mass Incarceration on Trial

Mass Incarceration on Trial PDF Author: Jonathan Simon
Publisher: The New Press
ISBN: 1595587691
Category : Law
Languages : en
Pages : 226

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Book Description
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.

The Growth of Incarceration in the United States

The Growth of Incarceration in the United States PDF Author: Committee on Causes and Consequences of High Rates of Incarceration
Publisher: National Academies Press
ISBN: 9780309298018
Category : Law
Languages : en
Pages : 800

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Book Description
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.

A Plague of Prisons

A Plague of Prisons PDF Author: Ernest Drucker
Publisher: New Press, The
ISBN: 1595589538
Category : Social Science
Languages : en
Pages : 196

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Book Description
The public health expert and prison reform activist offers “meticulous analysis” on our criminal justice system and the plague of American incarceration (The Washington Post). An internationally recognized public health scholar, Ernest Drucker uses the tools of epidemiology to demonstrate that incarceration in the United States has become an epidemic—a plague upon our body politic. He argues that imprisonment, originally conceived as a response to the crimes of individuals, has become “mass incarceration”: a destabilizing force that damages the very social structures that prevent crime. Drucker tracks the phenomenon of mass incarceration using basic public health concepts—“incidence and prevalence,” “outbreaks,” “contagion,” “transmission,” “potential years of life lost.” The resulting analysis demonstrates that our unprecedented rates of incarceration have the contagious and self-perpetuating features of the plagues of previous centuries. Sure to provoke debate and shift the paradigm of how we think about punishment, A Plague of Prisons offers a novel perspective on criminal justice in twenty-first-century America. “How did America’s addiction to prisons and mass incarceration get its start and how did it spread from state to state? Of the many attempts to answer this question, none make as much sense as the explanation found in [this] book.” —The Philadelphia Inquirer

Halfway Home

Halfway Home PDF Author: Reuben Jonathan Miller
Publisher: Little, Brown
ISBN: 0316451495
Category : Social Science
Languages : en
Pages : 267

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Book Description
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

Ain't Scared of Your Jail

Ain't Scared of Your Jail PDF Author: Zoe A Colley
Publisher: University Press of Florida
ISBN: 081304264X
Category : History
Languages : en
Pages : 172

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Book Description
Imprisonment became a badge of honor for many protestors during the civil rights movement. With the popularization of expressions such as "jail-no-bail" and "jail-in," civil rights activists sought to transform arrest and imprisonment from something to be feared to a platform for the cause. Beyond Dr. Martin Luther King Jr.'s "Letters from the Birmingham Jail," there has been little discussion on the incarceration experiences of civil rights activists. In her debut book, Zoe Colley does what no historian has done before by following civil rights activists inside the southern jails and prisons to explore their treatment and the different responses that civil rights organizations had to mass arrest and imprisonment. Colley focuses on the shift in philosophical and strategic responses of civil rights protestors from seeing jail as something to be avoided to seeing it as a way to further the cause. Imprisonment became a way to expose the evils of segregation, and highlighted to the rest of American society the injustice of southern racism. By drawing together the narratives of many individuals and organizations, Colley paints a clearer picture how the incarceration of civil rights activists helped shape the course of the movement. She places imprisonment at the forefront of civil rights history and shows how these new attitudes toward arrest continue to impact contemporary society and shape strategies for civil disobedience.

Prisons, Race, and Masculinity in Twentieth-Century U.S. Literature and Film

Prisons, Race, and Masculinity in Twentieth-Century U.S. Literature and Film PDF Author: Peter Caster
Publisher:
ISBN: 9780814271902
Category : African Americans
Languages : en
Pages : 279

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Book Description
In Prisons, Race, and Masculinity, Peter Caster demonstrates the centrality of imprisonment in American culture, illustrating how incarceration, an institution inseparable from race, has shaped and continues to shape U.S. history and literature in the starkest expression of what W.E.B. DuBois famously termed "the problem of the color line." A prison official in 1888 declared that it was the freeing of slaves that actually created prisons: "we had to establish means for their control. Hence came the penitentiary." Such rampant racism contributed to the criminalization of black masculinity in the cultural imagination, shaping not only the identity of prisoners (collectively and individually) but also America's national character. Caster analyzes the representations of imprisonment in books, films, and performances, alternating between history and fiction to describe how racism influenced imprisonment during the decline of lynching in the 1930s, the political radicalism in the late 1960s, and the unprecedented prison expansion through the 1980s and 1990s. Offering new interpretations of familiar works by William Faulkner, Eldridge Cleaver, and Norman Mailer, Caster also engages recent films such as American History X, The Hurricane, and The Farm: Life Inside Angola Prison alongside prison history chronicled in the transcripts of the American Correctional Association. This book offers a compelling account of how imprisonment has functioned as racial containment, a matter critical to U.S. history and literary study.

Prison Profiteers

Prison Profiteers PDF Author: Tara Herivel
Publisher: The New Press
ISBN: 1595584544
Category : Business & Economics
Languages : en
Pages : 346

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Book Description
In Prison Profiteers, co-editors Tara Herivel and Paul Wright "follow the money to an astonishing constellation of prison administrators and politicians working in collusion with private parties to maximize profits" (Publishers Weekly). From investment banks, guard unions, and the makers of Taser stun guns to health care providers, telephone companies, and the U.S. military (which relies heavily on prison labor), this network of perversely motivated interests has turned the imprisonment of one out of every 135 Americans into a lucrative business. Called "an essential read for anyone who wants to understand what's gone wrong with criminal justice in the United States" by ACLU National Prison Project director Elizabeth Alexander, this incisive and deftly researched volume shows how billions of tax dollars designated for the public good end up lining the pockets of those private enterprises dedicated to keeping prisons packed. "An important analysis of a troubling social trend" (Booklist) that is sure to inform and outrage any concerned citizen, Prison Profiteers reframes the conversation by exposing those who stand to profit from the imprisonment of millions of Americans.

In the Shadow of Prison

In the Shadow of Prison PDF Author: Helen Codd
Publisher: Willan
ISBN: 1134006799
Category : Social Science
Languages : en
Pages : 213

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Book Description
This book provides an up-to-date, accessible introduction to the relationship between families, prisons and penal policies in the United Kingdom. It explores current debates in relation to prisoners and their families, and introduces the reader to relevant theoretical approaches. Interdisciplinary in nature, the book incorporates perspectives drawn from criminology, sociology, social work and law. The book includes: a current exploration of key aspects of the consequences of imprisonment for prisoners and their families an assessment of the role of current prison policies and practices in promoting and maintaining family relationships a summary of the current law in relation to prisoners and their families, with reference to the relevant legislation and recent case law.