In this groundbreaking book that is built on decades of work on the front lines of the criminal justice system, expert psychologist Craig Haney encourages meaningful and lasting reform by changing the public narrative about who commits crime and why. Based on his comprehensive review and analysis of the research, Haney offers a carefully framed and psychologically based blueprint for making the criminal justice system fairer, with strategies to reduce crime through proactive prevention instead of reactive punishment. Haney meticulously reviews evidence documenting the ways in which a person's social history, institutional experiences, and present circumstances powerfully shape their life, with a special focus on the role of social, economic, and racial injustice in crime causation. Haney debunks the "crime master narrative"--the widespread myth that criminality is a product of free and autonomous "bad" choices--an increasingly anachronistic view that cannot bear the weight of contemporary psychological data and theory. This is a must-read for understanding what truly influences criminal behavior, and the strategies for prevention and rehabilitation that follow.
Wrongful Conviction and Criminal Justice Reform is an important addition to the literature and teaching on innocence reform. This book delves into wrongful convictions studies but expands upon them by offering potential reforms that would alleviate the problem of wrongful convictions in the criminal justice system. Written to be accessible to students, Wrongful Conviction and Criminal Justice Reform is a main text for wrongful convictions courses or a secondary text for more general courses in criminal justice, political science, and law school innocence clinics.
"Pfaff, let there be no doubt, is a reformer...Nonetheless, he believes that the standard story--popularized in particular by Michelle Alexander, in her influential book, The New Jim Crow--is false. We are desperately in need of reform, he insists, but we must reform the right things, and address the true problem."--Adam Gopnik, The New Yorker A groundbreaking examination of our system of imprisonment, revealing the true causes of mass incarceration as well as the best path to reform In the 1970s, the United States had an incarceration rate comparable to those of other liberal democracies-and that rate had held steady for over 100 years. Yet today, though the US is home to only about 5 percent of the world's population, we hold nearly one quarter of its prisoners. Mass incarceration is now widely considered one of the biggest social and political crises of our age. How did we get to this point? Locked In is a revelatory investigation into the root causes of mass incarceration by one of the most exciting scholars in the country. Having spent fifteen years studying the data on imprisonment, John Pfaff takes apart the reigning consensus created by Michelle Alexander and other reformers, revealing that the most widely accepted explanations-the failed War on Drugs, draconian sentencing laws, an increasing reliance on private prisons-tell us much less than we think. Pfaff urges us to look at other factors instead, including 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. He describes a fractured criminal justice system, in which counties don't pay for the people they send to state prisons, and in which white suburbs set law and order agendas for more-heavily minority cities. And he shows that if we hope to significantly reduce prison populations, we have no choice but to think differently about how to deal with people convicted of violent crimes-and why some people are violent in the first place. An authoritative, clear-eyed account of a national catastrophe, Locked In 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.
From an award-winning civil rights lawyer, a profound challenge to our society’s normalization of the caging of human beings, and the role of the legal profession in perpetuating it Alec Karakatsanis is interested in what we choose to punish. For example, it is a crime in most of America for poor people to wager in the streets over dice; dice-wagerers can be seized, searched, have their assets forfeited, and be locked in cages. It’s perfectly fine, by contrast, for people to wager over international currencies, mortgages, or the global supply of wheat; wheat-wagerers become names on the wings of hospitals and museums. He is also troubled by how the legal system works when it is trying to punish people. The bail system, for example, is meant to ensure that people return for court dates. But it has morphed into a way to lock up poor people who have not been convicted of anything. He’s so concerned about this that he has personally sued court systems across the country, resulting in literally tens of thousands of people being released from jail when their money bail was found to be unconstitutional. Karakatsanis doesn’t think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings—an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color and for which the legal system has never offered sufficient justification. Usual Cruelty is a profoundly radical reconsideration of the American “injustice system” by someone who is actively, wildly successfully, challenging it.
In this revised edition of their concise, readable, yet wide-ranging book, Greg Berman and Aubrey Fox tackle a question students and scholars of law, criminology, and political science constantly face: what mistakes have led to the problems that pervade the criminal justice system in the United States? The reluctance of criminal justice policymakers to talk openly about failure, the authors argue, has stunted the public conversation about crime in this country and stifled new ideas. It has also contributed to our inability to address such problems as chronic offending in low-income neighborhoods, an overreliance on incarceration, the misuse of pretrial detention, and the high rates of recidivism among parolees. Berman and Fox offer students and policymakers an escape from this fate by writing about failure in the criminal justice system. Their goal is to encourage a more forthright dialogue about criminal justice, one that acknowledges that many new initiatives fail and that no one knows for certain how to reduce crime. For the authors, this is not a source of pessimism, but a call to action. This revised edition is updated with a new foreword by Cyrus R. Vance, Jr., and afterword by Greg Berman.
|Author||: Astrid Liliana Sánchez-Mejía|
|Release Date||: 2017-07-13|
|ISBN 10||: 331959852X|
|Pages||: 265 pages|
Contributing to the literature on comparative criminal procedure and Latin American law, this book examines the effects of adversarial criminal justice reforms on victim’s rights by specifically analyzing the Colombian criminal justice reform of the early 2000s. This research focuses on the production, interpretation, and implementation of rules and institutions by exploring how different actors have employed the concept of victims and victims’ rights to promote their agendas in the context of criminal justice reforms. It also analyzes how the goals of these agendas have interplayed in practice. By the early 2000s, it seemed that the Colombian criminal justice system was headed towards a process characterized by broader victim participation, primarily because of the doctrine of the Constitutional Court on victims’ rights. But in 2002, the Colombian Attorney General promoted a more adversarial criminal justice reform. This book argues that this reform represented a sudden and unpredicted reversal of the Constitutional Court’s doctrine on victim participation, even though one of the central justifications for the reform was the need to satisfy human rights standards and adhere to the jurisprudence of the Constitutional Court on victims’ rights. In the criminal justice reform of the early 2000s and its subsequent modifications, the promotion of a dichotomous interpretation of the adversarial model—which conceived the criminal process as a competition between prosecution and defense—served to limit victim participation. This study examines how conceptions of victims’ rights emerged out of the struggles between different and at times competing agendas. In the Colombian process of reform, victims’ rights have been invoked both as a justification for criminal sanctions and as an explanation for crime prevention and restorative justice. After assessing quantitative and qualitative data, this book concludes that punitive approaches to victims’ rights have prevailed over restorative justice perspectives. Furthermore, it argues that punitiveness in the criminal justice system has not resulted in more protection for victims. Ultimately, this research reveals that the adversarial criminal justice reform of the early 2000s has not substantially improved the protection of victims’ rights in Colombia.
The Howard League for Penal Reform is committed to developing an effective penal system which ensures there are fewer victims of crime, has a diminished role for prison and creates a safer community for all. In this collection of ten papers, the charity has brought together some of the most prominent academic experts in the field to map out what is happening in a specific area of criminal justice policy, ranging from prison privatisation to policing and the role of community sentences. The Howard League guide has two main aims: first it seeks to paint a picture of the current state of the penal system, using its structures, processes and the specific groups affected by the system as the lens for analysis. However, each author also seeks to identify the challenges and gaps in understanding that should be considered to predicate a move towards a reduced role for the penal system, and prison in particular, while maintaining public confidence and safer communities. In doing so, we hope to inspire researchers and students alike to develop new research proposals that challenge the status quo and seek to create the Howard League’s vision for the criminal justice system with less crime, safer communities, fewer people in prison.
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.
In 1961, young, black, eighth-grade dropout Wilbert Rideau despaired of his small-town future in the segregated deep south of America. He set out to rob the local bank and after a bungled robbery he killed the bank teller, a fifty-year-old white female. He was arrested and gave a full confession. When we meet Rideau he has just been sentenced to death row, from where he embarks on an extraordinary journey. He is imprisoned at Angola, the most violent prison in America, where brutality, sexual slavery and local politics confine prisoners in ways that bars alone cannot. Yet Rideau breaks through all this and finds hope and meaning, becoming editor of the prison magazine, going on to win national journalism awards. Full of gritty realism and potent in its evocation of a life condemned, Rideau goes far beyond the traditional prison memoir and reveals an emotionally wrought and magical conclusion to his forty-four years in prison.
We all know that orange is the new black and mass incarceration is the new Jim Crow, but how much do we actually know about the structure, goals, and impact of our criminal justice system? Understanding Mass Incarceration offers the first comprehensive overview of the incarceration apparatus put in place by the world’s largest jailer: the United States. Drawing on a growing body of academic and professional work, Understanding Mass Incarceration describes in plain English the many competing theories of criminal justice—from rehabilitation to retribution, from restorative justice to justice reinvestment. In a lively and accessible style, author James Kilgore illuminates the difference between prisons and jails, probation and parole, laying out key concepts and policies such as the War on Drugs, broken windows policing, three-strikes sentencing, the school-to-prison pipeline, recidivism, and prison privatization. Informed by the crucial lenses of race and gender, he addresses issues typically omitted from the discussion: the rapidly increasing incarceration of women, Latinos, and transgender people; the growing imprisonment of immigrants; and the devastating impact of mass incarceration on communities. Both field guide and primer, Understanding Mass Incarceration will be an essential resource for those engaged in criminal justice activism as well as those new to the subject.
Recommends a variety of legal reforms designed to improve the effectiveness of the criminal justice system of the United States
In the context of recent media scrutiny on the state of prisons in the UK, the efficacy of incarcerating large numbers of offenders is an issue which is rising steadily up the political agenda. In 2016, the Howard League for Penal Reform – an organization that has energetically lobbied for improvements in the treatment of offenders throughout its lifetime – celebrated its 150th anniversary. This book considers the life and work of Margery Fry, the woman who created the modern Howard League and dominated it from 1918 until her death in 1958, and places the UK’s oldest surviving penal reform pressure group and its current work into their historical context. It examines Fry’s legacy as a campaigner for an international standard of prisoners’ minimum rights, which resulted in a United Nations charter, for the introduction of compensation for victims of criminal injuries, and for the abolition of the death penalty, and also considers her role in the establishment of criminology as an academic discipline and her organization of the first criminology lectures in Great Britain. It is essential reading for all those engaged in prisons research, penal reform and criminal justice history.