Download or read book Excessive Punishment written by Lauren-Brooke Eisen and published by Columbia University Press. This book was released on 2024-04-09 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States has by far the world’s largest population of incarcerated people. More than a million Americans are imprisoned; hundreds of thousands more are held in jails. This vast system has doled out punishment—particularly to people from marginalized groups—on an unfathomable scale. At the same time, it has manifestly failed to secure public safety, instead perpetuating inequalities and recidivism. Why does the United States see punishment as the main response to social harm, and what are the alternatives? This book brings together essays by scholars, practitioners, activists, and writers, including incarcerated and formerly incarcerated people, to explore the harms of this punitive approach. The chapters address a range of issues, from policing to prosecution, and from how people are treated in prison to the consequences of a criminal conviction. Together, they consider a common theme: We cannot reduce our dependence on mass incarceration until we confront our impulse to punish in ways that are excessive, often wildly disproportionate to the harm caused. Essays trace how a maze of local, state, and federal agencies have contributed to mass incarceration and deterred attempts at reform. They shed light on how the excesses of America’s criminal legal system are entwined with poverty, racism, and the legacy of slavery. A wide-ranging and powerful look at the failures of the status quo, Excessive Punishment also considers how to reimagine the justice system to support restoration instead of retribution.
Download or read book The Eighth Amendment and Its Future in a New Age of Punishment written by Meghan J. Ryan and published by Cambridge University Press. This book was released on 2020-06-11 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a theoretical and practical exploration of the constitutional bar against cruel and unusual punishments, excessive bail, and excessive fines. It explores the history of this prohibition, the current legal doctrine, and future applications of the Eighth Amendment. With contributions from the leading academics and experts on the Eighth Amendment and the wide range of punishments and criminal justice actors it touches, this volume addresses constitutional theory, legal history, federalism, constitutional values, the applicable legal doctrine, punishment theory, prison conditions, bail, fines, the death penalty, juvenile life without parole, execution methods, prosecutorial misconduct, race discrimination, and law & science.
Download or read book Insane written by Alisa Roth and published by Basic Books. This book was released on 2018-04-03 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: An urgent exposéf the mental health crisis in our courts, jails, and prisons America has made mental illness a crime. Jails in New York, Los Angeles, and Chicago each house more people with mental illnesses than any hospital. As many as half of all people in America's jails and prisons have a psychiatric disorder. One in four fatal police shootings involves a person with such disorders. In this revelatory book, journalist Alisa Roth goes deep inside the criminal justice system to show how and why it has become a warehouse where inmates are denied proper treatment, abused, and punished in ways that make them sicker. Through intimate stories of people in the system and those trying to fix it, Roth reveals the hidden forces behind this crisis and suggests how a fairer and more humane approach might look. Insane is a galvanizing wake-up call for criminal justice reformers and anyone concerned about the plight of our most vulnerable.
Download or read book The Limits of Blame written by Erin I. Kelly and published by Harvard University Press. This book was released on 2018-11-12 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration.
Download or read book The Concept of Cruel and Unusual Punishment written by Larry Charles Berkson and published by . This book was released on 1975 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Pound of Flesh written by Alexes Harris and published by Russell Sage Foundation. This book was released on 2016-06-08 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over seven million Americans are either incarcerated, on probation, or on parole, with their criminal records often following them for life and affecting access to higher education, jobs, and housing. Court-ordered monetary sanctions that compel criminal defendants to pay fines, fees, surcharges, and restitution further inhibit their ability to reenter society. In A Pound of Flesh, sociologist Alexes Harris analyzes the rise of monetary sanctions in the criminal justice system and shows how they permanently penalize and marginalize the poor. She exposes the damaging effects of a little-understood component of criminal sentencing and shows how it further perpetuates racial and economic inequality. Harris draws from extensive sentencing data, legal documents, observations of court hearings, and interviews with defendants, judges, prosecutors, and other court officials. She documents how low-income defendants are affected by monetary sanctions, which include fees for public defenders and a variety of processing charges. Until these debts are paid in full, individuals remain under judicial supervision, subject to court summons, warrants, and jail stays. As a result of interest and surcharges that accumulate on unpaid financial penalties, these monetary sanctions often become insurmountable legal debts which many offenders carry for the remainder of their lives. Harris finds that such fiscal sentences, which are imposed disproportionately on low-income minorities, help create a permanent economic underclass and deepen social stratification. A Pound of Flesh delves into the court practices of five counties in Washington State to illustrate the ways in which subjective sentencing shapes the practice of monetary sanctions. Judges and court clerks hold a considerable degree of discretion in the sentencing and monitoring of monetary sanctions and rely on individual values—such as personal responsibility, meritocracy, and paternalism—to determine how much and when offenders should pay. Harris shows that monetary sanctions are imposed at different rates across jurisdictions, with little or no state government oversight. Local officials’ reliance on their own values and beliefs can also push offenders further into debt—for example, when judges charge defendants who lack the means to pay their fines with contempt of court and penalize them with additional fines or jail time. A Pound of Flesh provides a timely examination of how monetary sanctions permanently bind poor offenders to the judicial system. Harris concludes that in letting monetary sanctions go unchecked, we have created a two-tiered legal system that imposes additional burdens on already-marginalized groups.
Download or read book Corporal Punishment in U S Public Schools written by Elizabeth T. Gershoff and published by Springer. This book was released on 2015-01-27 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Brief reviews the past, present, and future use of school corporal punishment in the United States, a practice that remains legal in 19 states as it is constitutionally permitted according to the U.S. Supreme Court. As a result of school corporal punishment, nearly 200,000 children are paddled in schools each year. Most Americans are unaware of this fact or the physical injuries sustained by countless school children who are hit with objects by school personnel in the name of discipline. Therefore, Corporal Punishment in U.S. Public Schools begins by summarizing the legal basis for school corporal punishment and trends in Americans’ attitudes about it. It then presents trends in the use of school corporal punishment in the United States over time to establish its past and current prevalence. It then discusses what is known about the effects of school corporal punishment on children, though with so little research on this topic, much of the relevant literature is focused on parents’ use of corporal punishment with their children. It also provides results from a policy analysis that examines the effect of state-level school corporal punishment bans on trends in juvenile crime. It concludes by discussing potential legal, policy, and advocacy avenues for abolition of school corporal punishment at the state and federal levels as well as summarizing how school corporal punishment is being used and what its potential implications are for thousands of individual students and for the society at large. As school corporal punishment becomes more and more regulated at the state level, Corporal Punishment in U.S. Public Schools serves an essential guide for policymakers and advocates across the country as well as for researchers, scientist-practitioners, and graduate students.
Download or read book The Limits of Blame written by Erin I. Kelly and published by Harvard University Press. This book was released on 2018-11-12 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration.
Download or read book The Meaning of Life written by Marc Mauer and published by The New Press. This book was released on 2018-12-11 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: "I can think of no authors more qualified to research the complex impact of life sentences than Marc Mauer and Ashley Nellis. They have the expertise to track down the information that all citizens need to know and the skills to translate that research into accessible and powerful prose." —Heather Ann Thompson, author of the Pulitzer Prize–winning Blood in the Water From the author of the classic Race to Incarcerate, a forceful and necessary argument for eliminating life sentences, including profiles of six people directly impacted by life sentences by formerly incarcerated author Kerry Myers Most Western democracies have few or no people serving life sentences, yet here in the United States more than 200,000 people are sentenced to such prison terms. Marc Mauer and Ashley Nellis of The Sentencing Project argue that there is no practical or moral justification for a sentence longer than twenty years. Harsher sentences have been shown to have little effect on crime rates, since people "age out" of crime—meaning that we're spending a fortune on geriatric care for older prisoners who pose little threat to public safety. Extreme punishment for serious crime also has an inflationary effect on sentences across the spectrum, helping to account for severe mandatory minimums and other harsh punishments. A thoughtful and stirring call to action, The Meaning of Life also features moving profiles of a half dozen people affected by life sentences, written by former "lifer" and award-winning writer Kerry Myers. The book will tie in to a campaign spearheaded by The Sentencing Project and offers a much-needed road map to a more humane criminal justice system.
Download or read book Discipline and Punish written by Michel Foucault and published by Vintage. This book was released on 2012-04-18 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant work from the most influential philosopher since Sartre. In this indispensable work, a brilliant thinker suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.
Download or read book Cruel and Unusual Punishment written by Joseph A. Melusky and published by Bloomsbury Publishing USA. This book was released on 2003-02-21 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: In one of the lengthiest, noisiest, and hottest legal debates in U.S. history, Cruel and Unusual Punishment stands out as a levelheaded, even-handed, and thorough analysis of the issue. The Eighth Amendment to the U.S. Constitution created one of the nation's most valued freedoms but, at the same time, one of its most persistent controversies. On 184 separate occasions, the Supreme Court attempted to decide what constitutes "cruel and unusual punishment." Constitutional scholars Joseph A. Melusky and Judge Keith A. Pesto help readers make sense of the controversy. The authors begin by sketching the context of the debate in a general overview that addresses issues such as excessive bails and fines, and noncapital offenses. But their primary focus is capital punishment. In a detailed, chronologically ordered discussion, they trace the evolving opinion of the nation's highest court from the late 19th century to the present, analyzing issues, arguments, holdings, and outcomes.
Download or read book An Essay on Crimes and Punishments written by Cesare Beccaria and published by The Lawbook Exchange, Ltd.. This book was released on 2006 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
Download or read book Punishment Without Crime written by Alexandra Natapoff and published by Basic Books. This book was released on 2018-12-31 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018
Download or read book Beyond Punishment written by Zachary Hoskins and published by Oxford University Press. This book was released on 2019 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Beyond Punishment?, Zachary Hoskins offers a philosophical examination of the collateral legal consequences of conviction. Considering how pervasive collateral restrictions have become and the dramatic effects such restrictions have on offenders' lives, Hoskins examines whether these extended measures of punishment are ever morally justified.
Download or read book Halfway Home written by Reuben Jonathan Miller and published by Little, Brown. This book was released on 2021-02-02 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Cruel and Unusual Punishment Within Our Prison System written by Anant Kumar Tripati and published by Sureshot Books Publishing LLC. This book was released on 2020-04-07 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks into how the US Prison sytems imposes penalties and punishment on those who it prosecutes and shows why the system violates ICCPR in ALL 52 states. Denying the indigent equality of arms principled sentencing what is an excessive sentence consecutive sentences retroactivity
Download or read book Civilization and Barbarism written by Graeme R. Newman and published by SUNY Press. This book was released on 2020-03-01 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenges the established corrections paradigm and argues for replacing mass incarceration with a viable and more humane alternative. The practice of mass incarceration has come under increasing criticism by criminologists and corrections experts who, nevertheless, find themselves at a loss when it comes to offering credible, practical, and humane alternatives. In Civilization and Barbarism, Graeme R. Newman argues this impasse has arisen from a refusal to confront the original essence of punishment, namely, that in some sense it must be painful. He begins with an exposition of the traditional philosophical justifications for punishment and then provides a history of criminal punishment. He shows how, over time, the West abandoned short-term corporal punishment in favor of longer-term incarceration, justifying a massive bureaucratic prison complex as scientific and civilized. Newman compels the reader to confront the biases embedded in this model and the impossibility of defending prisons as a civilized form of punishment. A groundbreaking work that challenges the received wisdom of “corrections,” Civilization and Barbarism asks readers to reconsider moderate corporal punishment as an alternative to prison and, for the most serious offenders, forms of incapacitation without prison. The book also features two helpful appendixes: a list of debating points, with common criticisms and their rebuttals, and a chronology of civilized punishments. “Newman’s book is a monumental piece of scholarship that presents a controversial set of propositions about how punishment in the future should be administered. Readers will likely learn many new things about the history of punishment and be challenged about their current views of just punishment for wrongdoing.” — Martha J. Smith, coeditor of Theory for Practice in Situational Crime Prevention
