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.

Court Reform Act Impact on Correctional System

Court Reform Act Impact on Correctional System PDF Author: United States. Congress. Senate. District of Columbia
Publisher:
ISBN:
Category :
Languages : en
Pages : 518

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Book Description


Court Reform Act Impact on Correctional System

Court Reform Act Impact on Correctional System PDF Author: United States. Congress. Senate. Committee on the District of Columbia. Subcommittee on Business, Commerce, and Judiciary
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages : 512

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Book Description


Reforming Juvenile Justice

Reforming Juvenile Justice PDF Author: National Research Council
Publisher: National Academies Press
ISBN: 0309278937
Category : Law
Languages : en
Pages : 463

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Book Description
Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.

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.

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.

Violent Crime Control and Law Enforcement Act of 1994

Violent Crime Control and Law Enforcement Act of 1994 PDF Author: United States
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages : 356

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Book Description


Big House on the Prairie

Big House on the Prairie PDF Author: John M. Eason
Publisher: University of Chicago Press
ISBN: 022641034X
Category : Political Science
Languages : en
Pages : 251

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Book Description
Now more than ever, we need to understand the social, political, and economic shifts that have driven the United States to triple its prison construction in just over three decades. John Eason goes a very considerable distance here in fulfilling this need, not by detailing the aftereffects of building huge numbers of prisons, but by vividly showing the process by which a community seeks to get a prison built in their area. What prompted him to embark on this inquiry was the insistent question of why the rapid expansion of prisons in America, why now, and why so many. He quickly learned that the prison boom is best understood from the perspective of the rural, southern towns where they tend to be placed (North Carolina has twice as many prisons as New Jersey, though both states have the same number of prisoners). And so he sets up shop, as it were, in Forrest City, Arkansas, where he moved with his family to begin the splendid fieldwork that led to this book. A major part of his story deals with the emergence of the rural ghetto, abetted by white flight, de-industrialization, the emergence of public housing, and higher proportions of blacks and Latinos. How did Forrest City become a site for its prison? Eason takes us behind the decision-making scenes, tracking the impact of stigma (a prison in my backyard-not a likely desideratum), economic development, poverty, and race, while showing power-sharing among opposed groups of elite whites vs. black race leaders. Eason situates the prison within the dynamic shifts rural economies are undergoing, and shows how racially diverse communities can achieve the siting and building of prisons in their rural ghetto. The result is a full understanding of the ways in which a prison economy takes shape and operates."

Locked In

Locked In PDF Author: John Pfaff
Publisher: Basic Books
ISBN: 0465096921
Category : Social Science
Languages : en
Pages : 331

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Book Description
A groundbreaking reassessment of the American prison system, challenging the widely accepted explanations for our exploding incarceration rates In Locked In, John Pfaff argues that the factors most commonly cited to explain mass incarceration -- the failed War on Drugs, draconian sentencing laws, an increasing reliance on private prisons -- tell us much less than we think. Instead, Pfaff urges us to look at other factors, especially 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. An authoritative, clear-eyed account of a national catastrophe, Locked In is "a must-read for anyone who dreams of an America that is not the world's most imprisoned nation" (Chris Hayes, author of A Colony in a Nation). It 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.

The Bail Book

The Bail Book PDF Author: Shima Baradaran Baughman
Publisher: Cambridge University Press
ISBN: 1107131367
Category : Law
Languages : en
Pages : 331

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Book Description
Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.