The Supreme Court’s Role in Mass Incarceration illuminates the role of the United States Supreme Court’s criminal procedure revolution as a contributing factor to the rise in U.S. incarceration rates. Noting that the increase in mass incarceration began climbing just after the Warren Court years and continued to climb for the next four decades—despite the substantial decline in the crime rate—the author posits that part of the explanation is the Court’s failure to understand that a trial system with robust rights for defendants is not a strong trial system unless it is also reliable and efficient. There have been many explanations offered for the sudden and steep escalation in the U.S. incarceration rate, such as "it was the war on drugs" to "it was our harsh sentencing statutes." Those explanations have been shown to be inadequate. This book contends that we have overlooked a more powerful force in the rise of our incarceration rate—the long line of Supreme Court decisions, starting in the Warren Court era, that made the criminal justice system so complicated and expensive that it no longer serves to protect defendants. For the vast majority of defendants, their constitutional rights are irrelevant, as they are forced to accept plea bargains or face the prospect of a comparatively harsh sentence, if convicted. The prospect of a trial, once an important restraint on prosecutors in charging, has disappeared and plea-bargaining rules. This book is essential reading for both graduate and undergraduate students in corrections and criminal justice courses as well as judges, attorneys, and others working in the criminal justice system.

Once the home of the most progressive prison system in the United States, California has now become the most extreme example of mass incarceration since the 1980s. In this inspired and original work, prize-winning criminal justice author Jonathan Simon argues that California provides a crucial window for learning what has gone wrong with American justice. The Supreme Court's recent 5-4 ruling in the landmark Brown v. Plata case, a culmination of more than twenty years of litigation about medical and mental health care in California's massive prison system, guarantees that California will be forced to continue to find ways to reduce its prison population. Yet it remains uncertain what will actually be done to unwind California's long-term prison crisis, let alone America's addiction to mass incarceration. Through constructing a framework of dignity and healing rather than shame and punitiveness, Mass Incarceration on Trial advocates for a new approach: the creation of social policy programs and initiatives that work with prisoners outside of the penal system, restoring a sense of humanity to criminal justice. Shedding light on the costly and dangerous prison system that exists in California today, this book will both point the way toward ending mass incarceration and offer a blueprint for restoring effective social policy in America.

This reader presents a comprehensive review of the research on mass incarceration as it relates to causes, impact, and solutions. Assembling contributions from leading experts in a variety of disciplines as well as the voices of directly impacted people, the editors have created a diverse collection of chapters addressing prison, punishment, incarceration, reentry, and reintegration embedded in the context of the ever-evolving discussion around ending mass incarceration. The effects of the exponential prison growth in the United States over more than 50 years have been catastrophic, resulting in disparities that especially plague the poor, communities of color, and women. Mass incarceration is a culmination of policies and practices that benefit the privileged praxis and consequently disproportionally disenfranchise marginalized communities. The ideology affects every stage of the criminal justice system, from policing to release, and this book meets the need to expand the examination beyond departments of corrections to explore the administration behind laws, biased practices, and an unforgiving societal stigma. It deepens comprehension and engagement with concise and accessible readings that offer nuance and provoke thought. The book is ideal as a primary or supplementary textbook for corrections, prisons, or penology courses, as well as courses focused on law, policy, sociology, social work, and social justice. It also will serve as a valuable reference book for any individual searching for knowledge on the past, present, and future of mass incarceration.

Taking an innovative approach, this book looks at how U.S. presidents and their administrations' policies from the late 1960s to 2017 have led to rampant over-imprisonment and a public policy catastrophe in the United States. Mandatory minimum sentencing, "three-strikes-and-you're-out" legislation, harsher sentences, and less parole and probation-the result of draconian criminal justice policies in the last six decades is that the United States is the largest incarcerator in the world, surpassing Russia and China, with significant overrepresentation of African Americans and Latinos in U.S. prisons, especially for low-level, nonviolent drug offenses. Presidents and Mass Incarceration: Choices at the Top, Repercussions at the Bottom shows how American presidents from Lyndon B. Johnson to Donald J. Trump have operated as significant political criminal justice entrepreneurs and how the leadership choices made at the top by these chief executives have severe repercussions for the citizens at the lowest levels of our communities. Linda K. Mancillas references State of the Union Addresses, presidential initiatives, laws passed by Congress, Supreme Court decisions, and public opinion on high-profile crime events to assemble a cohesive framework of data that supports each president's impact on the incarceration explosion. Readers will come away with a greater appreciation for the complexity and magnitude of the political, economic, and societal issue of over-imprisonment that both the federal and state governments are attempting to address.

Race and Crime: A Text Reader includes a collection of recent articles on race and crime published in a number of leading criminal justice journals, along with original textual material that serves to explain and unify the readings. Through discussion of selected articles, numerous topics are explored, including the historical, social, economic and political contexts of race and crime, such as class, gender, comparative perspectives, justice issues, theories and statistics.

As the COVID-19 pandemic has unfolded, stark social inequalities have increasingly been revealed and, in many cases, exacerbated by the global health crisis. This book explores these inequalities, identifying three thematic strands: power and governance, gender and marginalized communities. By examining these three themes in relation to the effects of the pandemic, the book uncovers how unequal the pandemic truly is. It brings together invaluable insights from a range of international scholars across multiple disciplines to critically analyse how these inequalities have played out in the context of COVID-19 as a first step towards achieving social justice.

This book provides a vivid portrait of how the lives of poor people are affected by the judicial system. Drawing from ethnographic observations, court decisions, and other materials, Poor Justice brings readers inside the courts, telling the story through the words and actions of the judges, lawyers, and ordinary people who populate it.

"The text is an incredible composite of the literature that has shaped correctional practice. The authors have a great capacity for making research interesting and accessible. Cullen and Jonson have accomplished their goal of motivating readers to become sophisticated consumers of correctional knowledge." —Betsy Matthews, Eastern Kentucky University The Second Edition of Correctional Theory: Context and Consequences continues to identify and evaluate the major competing theories used to guide the goals, policies, and practices of the correctional system. Authors Francis T. Cullen and Cheryl Lero Jonson demonstrate that changes in theories can legitimize new ways of treating and punishing offenders, and they help readers understand how transformations in the social and political context of U.S. society impact correctional theory and policy. Designed to motivate readers to become sophisticated consumers of correctional information, the book emphasizes the importance of using evidence-based information to guide decisions, rather than relying on nonscientific commonsense or ideology-based beliefs.

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.

The United States leads the world in incarceration, and the United Kingdom is persistently one of the European countries with the highest per capita rates of imprisonment. Yet despite its increasing visibility as a social issue, mass incarceration - and its inconsistency with core democratic ideals - rarely surfaces in contemporary Anglo-American political theory. Democratic Theory and Mass Incarceration seeks to overcome this puzzling disconnect by deepening the dialogue between democratic theory and punishment policy. This collection of original essays initiates a multi-disciplinary discussion among philosophers, political theorists, and criminologists regarding ways in which contemporary democratic theory might begin to think beyond mass incarceration. Rather than viewing punishment as a natural reaction to crime and imprisonment as a sensible outgrowth of this reaction, the volume argues that crime and punishment are institutions that reveal unmet demands for public oversight and democratic influence. Chapters explore theoretical paths towards de-carceration and alternatives to prison, suggest ways in which democratic theory can strengthen recent reform movements, and offer creative alternatives to mass incarceration. Democratic Theory and Mass Incarceration offers guideposts for critical thinking about incarceration, examining ways to rebuild crime control institutions and create a healthier, more just society.