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Incarceration and the Law, Cases and Materials

Incarceration and the Law, Cases and Materials
Author: Margo Schlanger
Publisher: West Academic Publishing
Total Pages: 1071
Release: 2020-05-29
Genre:
ISBN: 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.


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
Total Pages: 800
Release: 2014-12-31
Genre: Law
ISBN: 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.


Hell Is a Very Small Place

Hell Is a Very Small Place
Author: Jean Casella
Publisher: New Press, The
Total Pages: 241
Release: 2014-11-11
Genre: Social Science
ISBN: 1620971380

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“An unforgettable look at the peculiar horrors and humiliations involved in solitary confinement” from the prisoners who have survived it (New York Review of Books). On any given day, the United States holds more than eighty-thousand people in solitary confinement, a punishment that—beyond fifteen days—has been denounced as a form of cruel and degrading treatment by the UN Special Rapporteur on Torture. Now, in a book that will add a startling new dimension to the debates around human rights and prison reform, former and current prisoners describe the devastating effects of isolation on their minds and bodies, the solidarity expressed between individuals who live side by side for years without ever meeting one another face to face, the ever-present specters of madness and suicide, and the struggle to maintain hope and humanity. As Chelsea Manning wrote from her own solitary confinement cell, “The personal accounts by prisoners are some of the most disturbing that I have ever read.” These firsthand accounts are supplemented by the writing of noted experts, exploring the psychological, legal, ethical, and political dimensions of solitary confinement. “Do we really think it makes sense to lock so many people alone in tiny cells for twenty-three hours a day, for months, sometimes for years at a time? That is not going to make us safer. That’s not going to make us stronger.” —President Barack Obama “Elegant but harrowing.” —San Francisco Chronicle “A potent cry of anguish from men and women buried way down in the hole.” —Kirkus Reviews


The Persistent Power of Human Rights

The Persistent Power of Human Rights
Author: Thomas Risse
Publisher: Cambridge University Press
Total Pages: 373
Release: 2013-03-07
Genre: Political Science
ISBN: 1107028930

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This book offers a unique combination of quantitative and qualitative research arguing for the persistent power of human rights norms.


Dictators and their Secret Police

Dictators and their Secret Police
Author: Sheena Chestnut Greitens
Publisher: Cambridge University Press
Total Pages: 347
Release: 2016-08-16
Genre: Political Science
ISBN: 1107139848

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This book explores the secret police organizations of East Asian dictators: their origins, operations, and effects on ordinary citizens' lives.


Ethical Considerations for Research Involving Prisoners

Ethical Considerations for Research Involving Prisoners
Author: Committee on Ethical Considerations for Revisions to DHHS Regulations for Protection of Prisoners Involved in Research
Publisher: National Academies Press
Total Pages: 284
Release: 2007-01-22
Genre: Political Science
ISBN: 0309164605

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In the past 30 years, the population of prisoners in the United States has expanded almost 5-fold, correctional facilities are increasingly overcrowded, and more of the country's disadvantaged populations—racial minorities, women, people with mental illness, and people with communicable diseases such as HIV/AIDS, hepatitis C, and tuberculosis—are under correctional supervision. Because prisoners face restrictions on liberty and autonomy, have limited privacy, and often receive inadequate health care, they require specific protections when involved in research, particularly in today's correctional settings. Given these issues, the Department of Health and Human Services' Office for Human Research Protections commissioned the Institute of Medicine to review the ethical considerations regarding research involving prisoners. The resulting analysis contained in this book, Ethical Considerations for Research Involving Prisoners, emphasizes five broad actions to provide prisoners involved in research with critically important protections: • expand the definition of "prisoner"; • ensure universally and consistently applied standards of protection; • shift from a category-based to a risk-benefit approach to research review; • update the ethical framework to include collaborative responsibility; and • enhance systematic oversight of research involving prisoners.


Locked In

Locked In
Author: John Pfaff
Publisher: Basic Books
Total Pages: 331
Release: 2017-02-07
Genre: Social Science
ISBN: 0465096921

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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 New Jim Crow

The New Jim Crow
Author: Michelle Alexander
Publisher: The New Press
Total Pages: 434
Release: 2020-01-07
Genre: Law
ISBN: 1620971941

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Named one of the most important nonfiction books of the 21st century by Entertainment Weekly‚ Slate‚ Chronicle of Higher Education‚ Literary Hub, Book Riot‚ and Zora A tenth-anniversary edition of the iconic bestseller—"one of the most influential books of the past 20 years," according to the Chronicle of Higher Education—with a new preface by the author "It is in no small part thanks to Alexander's account that civil rights organizations such as Black Lives Matter have focused so much of their energy on the criminal justice system." —Adam Shatz, London Review of Books Seldom does a book have the impact of Michelle Alexander's The New Jim Crow. Since it was first published in 2010, it has been cited in judicial decisions and has been adopted in campus-wide and community-wide reads; it helped inspire the creation of the Marshall Project and the new $100 million Art for Justice Fund; it has been the winner of numerous prizes, including the prestigious NAACP Image Award; and it has spent nearly 250 weeks on the New York Times bestseller list. Most important of all, it has spawned a whole generation of criminal justice reform activists and organizations motivated by Michelle Alexander's unforgettable argument that "we have not ended racial caste in America; we have merely redesigned it." As the Birmingham News proclaimed, it is "undoubtedly the most important book published in this century about the U.S." Now, ten years after it was first published, The New Press is proud to issue a tenth-anniversary edition with a new preface by Michelle Alexander that discusses the impact the book has had and the state of the criminal justice reform movement today.