The Failed Promise of Sentencing Reform

The Failed Promise of Sentencing Reform PDF Author: Michael O'Hear
Publisher:
ISBN:
Category : Law reform
Languages : en
Pages : 0

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Book Description
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. After many decades of stability, the imprisonment rate in the United States quintupled between 1973 and 2003. Since then, nearly all states have adopted multiple reforms intended to reduce imprisonment, but the U.S. imprisonment rate has only decreased by a paltry two percent. Why are American sentencing reforms since 2000 been largely ineffective? Are tough mandatory minimum sentences for nonviolent drug offenders the primary reason our prisons are always full? This book offers a fascinating assessment of the wave of sentencing reforms adopted by dozens of states as well as changes at the federal level since 2000, identifying common themes among seemingly disparate changes in sentencing policy and highlighting recent reform efforts that have been more successful and may point the way forward for the nation as a whole. In The Failed Promise of Sentencing Reform, author Michael O'Hear exposes the myths that American prison sentencing reforms enacted in the 21st century have failed to have the expected effect because U.S. prisons are filled to capacity with nonviolent drug offenders as a result of the "war on drugs," and because of new laws that took away the discretion of judges and corrections officials. O'Hear then makes a convincing case for the real reason sentencing reforms have come up short: because they exclude violent and sexual offenders, and because they rely on the discretion of officials who still have every incentive to be highly risk-averse. He also highlights how overlooking the well-being of offenders and their families in our consideration of sentencing reform has undermined efforts to effect real change.

The Failed Promise of Sentencing Reform

The Failed Promise of Sentencing Reform PDF Author: Michael O'Hear
Publisher:
ISBN:
Category : Law reform
Languages : en
Pages : 0

Get Book

Book Description
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. After many decades of stability, the imprisonment rate in the United States quintupled between 1973 and 2003. Since then, nearly all states have adopted multiple reforms intended to reduce imprisonment, but the U.S. imprisonment rate has only decreased by a paltry two percent. Why are American sentencing reforms since 2000 been largely ineffective? Are tough mandatory minimum sentences for nonviolent drug offenders the primary reason our prisons are always full? This book offers a fascinating assessment of the wave of sentencing reforms adopted by dozens of states as well as changes at the federal level since 2000, identifying common themes among seemingly disparate changes in sentencing policy and highlighting recent reform efforts that have been more successful and may point the way forward for the nation as a whole. In The Failed Promise of Sentencing Reform, author Michael O'Hear exposes the myths that American prison sentencing reforms enacted in the 21st century have failed to have the expected effect because U.S. prisons are filled to capacity with nonviolent drug offenders as a result of the "war on drugs," and because of new laws that took away the discretion of judges and corrections officials. O'Hear then makes a convincing case for the real reason sentencing reforms have come up short: because they exclude violent and sexual offenders, and because they rely on the discretion of officials who still have every incentive to be highly risk-averse. He also highlights how overlooking the well-being of offenders and their families in our consideration of sentencing reform has undermined efforts to effect real change.

Carceral Con

Carceral Con PDF Author: Kay Whitlock
Publisher: Univ of California Press
ISBN: 0520974808
Category : History
Languages : en
Pages : 276

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Book Description
A critical examination of how contemporary criminal justice reforms expand rather than shrink structurally violent systems of policing, surveillance, and carceral control in the United States. Public opposition to the structural racist, gendered, and economic violence that fuels the criminal legal system is reaching a critical mass. Ignited by popular uprisings, protests, and campaigns against state violence, demands for transformational change have escalated. In response, a now deeply entrenched so-called bipartisan industry has staked its claim to the reform terrain. Representing itself as a sensible bridge across bitterly polarized political divides and party lines, the bipartisan reform industry has sought to control the nature and scope of local, state, and federal reforms. Along the way, it creates an expanding web of neoliberal public-private partnerships, with the promotion and implementation of efforts managed by billionaires, public officials, policy factories, foundations, universities, and mega nonprofit organizations. Yet many bipartisan reforms constitute deceptive sleights of hand that not only fail to produce justice but actively reproduce structural racial and economic inequality. Carceral Con pulls the veil away from the reform public relations machine, providing a riveting overview of the repressive US carceral state and a critical examination of the reform terrain, quagmires, and choices that face us. This book vividly illustrates how contemporary bipartisan reform agendas leave the structural apparatus of mass incarceration intact while widening the net of carceral control and surveillance. Readers are also provided with information and insights useful for examining the likely impacts of reforms today and in the future. What can we learn from reforms of the past? What strategies hold most promise for dismantling structural inequalities, corporate control, and state violence? What approaches will reduce reliance on carceral control and also bring about community safety? Utilizing an abolitionist lens, Carceral Con makes the compelling case for liberatory approaches to envisioning and creating a just society.

The Failed Promise of Sentencing Reform

The Failed Promise of Sentencing Reform PDF Author: Michael O'Hear
Publisher: Bloomsbury Publishing USA
ISBN: 1440840881
Category : Political Science
Languages : en
Pages : 291

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Book Description
Despite 15 years of reform efforts, the incarceration rate in the United States remains unprecedentedly high. This book provides the first comprehensive survey of these reforms and explains why they have proven to be ineffective. After many decades of stability, the imprisonment rate in the United States quintupled between 1973 and 2003. Since then, nearly all states have adopted multiple reforms intended to reduce imprisonment, but the U.S. imprisonment rate has only decreased by a paltry 2 percent. Why have American sentencing reforms since 2000 been largely ineffective? Are tough mandatory minimum sentences for nonviolent drug offenders the primary reason our prisons are always full? This book offers a fascinating assessment of the wave of sentencing reforms adopted by dozens of states as well as changes at the federal level since 2000, identifying common themes among seemingly disparate changes in sentencing policy and highlighting recent reform efforts that have been more successful and may point the way forward for the nation as a whole. In The Failed Promise of Sentencing Reform, Michael O'Hear exposes the myths that American prison sentencing reforms enacted in the 21st century have failed to have the expected effect because U.S. prisons are filled to capacity with nonviolent drug offenders as a result of the "war on drugs" or because of new laws that took away the discretion of judges and corrections officials. O'Hear then makes a convincing case for the real reasons sentencing reforms have come up short: because they exclude violent and sexual offenders, and because they rely on the discretion of officials who still have every incentive to be highly risk-averse. He also highlights how overlooking the well-being of offenders and their families in our consideration of sentencing reform has undermined efforts to effect real change.

Gideon's Promise

Gideon's Promise PDF Author: Jonathan Rapping
Publisher: Beacon Press
ISBN: 0807064629
Category : Law
Languages : en
Pages : 250

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Book Description
A blueprint for criminal justice reform that lays the foundation for how model public defense programs should work to end mass incarceration. Combining wisdom drawn from over a dozen years as a public defender and cutting-edge research in the fields of organizational and cultural psychology, Jonathan Rapping proposes a radical cultural shift to a “fiercely client-based ethos” driven by values-based recruitment training, awakening defenders to their role in upholding an unjust status quo, and a renewed pride in the essential role of moral lawyering in a democratic society. Public defenders represent over 80% of those who interact with the court system, a disproportionate number of whom are poor, non-white citizens who rely on them to navigate the law on their behalf. More often than not, even the most well-meaning of those defenders are over-worked, under-funded, and incentivized to put the interests of judges and politicians above those of their clients in a culture that beats the passion out of talented, driven advocates, and has led to an embarrassingly low standard of justice for those who depend on the promises of Gideon v. Wainwright. However, rather than arguing for a change in rules that govern the actions of lawyers, judges, and other advocates, Rapping proposes a radical cultural shift to a “fiercely client-based ethos” driven by values-based recruitment and training, awakening defenders to their role in upholding an unjust status quo, and a renewed pride in the essential role of moral lawyering in a democratic society. Through the story of founding Gideon’s Promise and anecdotes of his time as a defender and teacher, Rapping reanimates the possibility of public defenders serving as a radical bulwark against government oppression and a megaphone to amplify the voices of those they serve.

Prisoners of Politics

Prisoners of Politics PDF Author: Rachel Elise Barkow
Publisher: Harvard University Press
ISBN: 0674919238
Category : Law
Languages : en
Pages : 305

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Book Description
America’s criminal justice system reflects irrational fears stoked by politicians seeking to win election. Pointing to specific policies that are morally problematic and have failed to end the cycle of recidivism, Rachel Barkow argues that reform guided by evidence, not politics and emotions, will reduce crime and reverse mass incarceration.

Decarcerating America

Decarcerating America PDF Author: Ernest Drucker
Publisher: The New Press
ISBN: 1620972794
Category : Law
Languages : en
Pages : 320

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Book Description
“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.

Guidelines Manual

Guidelines Manual PDF Author: United States Sentencing Commission
Publisher:
ISBN:
Category : Sentences (Criminal procedure)
Languages : en
Pages : 68

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Book Description


The Collapse of American Criminal Justice

The Collapse of American Criminal Justice PDF Author: William J. Stuntz
Publisher: Harvard University Press
ISBN: 0674051750
Category : History
Languages : en
Pages : 425

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Book Description
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.

Just Algorithms

Just Algorithms PDF Author: Christopher Slobogin
Publisher: Cambridge University Press
ISBN: 1108833977
Category : Computers
Languages : en
Pages : 183

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Book Description
Properly developed algorithms can reduce incarceration and help policymakers adopt more legally sophisticated bail and sentencing practices.

Golden Gulag

Golden Gulag PDF Author: Ruth Wilson Gilmore
Publisher: Univ of California Press
ISBN: 0520938038
Category : Social Science
Languages : en
Pages : 413

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Book Description
Since 1980, the number of people in U.S. prisons has increased more than 450%. Despite a crime rate that has been falling steadily for decades, California has led the way in this explosion, with what a state analyst called "the biggest prison building project in the history of the world." Golden Gulag provides the first detailed explanation for that buildup by looking at how political and economic forces, ranging from global to local, conjoined to produce the prison boom. In an informed and impassioned account, Ruth Wilson Gilmore examines this issue through statewide, rural, and urban perspectives to explain how the expansion developed from surpluses of finance capital, labor, land, and state capacity. Detailing crises that hit California’s economy with particular ferocity, she argues that defeats of radical struggles, weakening of labor, and shifting patterns of capital investment have been key conditions for prison growth. The results—a vast and expensive prison system, a huge number of incarcerated young people of color, and the increase in punitive justice such as the "three strikes" law—pose profound and troubling questions for the future of California, the United States, and the world. Golden Gulag provides a rich context for this complex dilemma, and at the same time challenges many cherished assumptions about who benefits and who suffers from the state’s commitment to prison expansion.