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A study and analysis of lack of enforcement against criminal actions in corporate America and what can be done to fix it. In the early 2000s, federal enforcement efforts sent white collar criminals at Enron and WorldCom to prison. But since the 2008 financial collapse, this famously hasn’t happened. Corporations have been permitted to enter into deferred prosecution agreements and avoid criminal convictions, in part due to a mistaken assumption that leniency would encourage cooperation and because enforcement agencies don’t have the funding or staff to pursue lengthy prosecutions, says distinguished Columbia Law Professor John C. Coffee. “We are moving from a system of justice for organizational crime that mixed carrots and sticks to one that is all carrots and no sticks,” he says. He offers a series of bold proposals for ensuring that corporate malfeasance can once again be punished. For example, he describes incentives that could be offered to both corporate executives to turn in their corporations and to corporations to turn in their executives, allowing prosecutors to play them off against each other. Whistleblowers should be offered cash bounties to come forward because, Coffee writes, “it is easier and cheaper to buy information than seek to discover it in adversarial proceedings.” All federal enforcement agencies should be able to hire outside counsel on a contingency fee basis, which would cost the public nothing and provide access to discovery and litigation expertise the agencies don't have. Through these and other equally controversial ideas, Coffee intends to rebalance the scales of justice. “Professor Coffee’s compelling new approach to holding fraudsters to account is indispensable reading for any lawmaker serious about deterring corporate crime.” —Robert Jackson, professor of Law, New York University, and former commissioner, Securities and Exchange Commission “A great book that more than any other recent volume deftly explains why effective prosecution of corporate senior executives largely collapsed in the post-2007–2009 stock market crash period and why this creates a crisis of underenforcement. No one is Professor Coffee’s equal in tying together causes for the crisis.” —Joel Seligman, author, historian, former law school dean, and president emeritus, University of Rochester
"The Expanding Prison is a provocative, cogent argument for prison reform. David Cayley argues that our overpopulated prisons are more reflective of a society that is becoming increasingly polarized than of an actual surge in crime. This book considers proven alternatives to imprisonment that emphasize settlement-oriented techniques over punishment, and move us towards a vision of justice as peace-making rather than one of vengeance."
How prisons became economic development strategies for rural Appalachian communities As the United States began the project of mass incarceration, rural communities turned to building prisons as a strategy for economic development. More than 350 prisons have been built in the U.S. since 1980, with certain regions of the country accounting for large shares of this dramatic growth. Central Appalachia is one such region; there are eight prisons alone in Eastern Kentucky. If Kentucky were its own country, it would have the seventh highest incarceration rate in the world. In Coal, Cages, Crisis, Judah Schept takes a closer look at this stunning phenomenon, providing insight into prison growth, jail expansion and rising incarceration rates in America’s hinterlands. Drawing on interviews, site visits, and archival research, Schept traces recent prison growth in the region to the rapid decline of its coal industry. He takes us inside this startling transformation occurring in the coalfields, where prisons are often built on top of old coalmines, including mountaintop removal sites, and built into community planning approaches to crises of unemployment, population loss, and declining revenues. By linking prison growth to other sites in this landscape—coal mines, coal waste, landfills, and incinerators—Schept shows that the prison boom has less to do with crime and punishment and much more with the overall extraction, depletion, and waste disposal processes that characterize dominant development strategies for the region. Schept argues that the future of this area now hangs in the balance, detailing recent efforts to oppose its carceral growth. Coal, Cages, Crisis offers invaluable insight into the complex dynamics of mass incarceration that continue to shape Appalachia and the broader United States.
In Punishment and the History of Political Philosophy, Arthur Shuster offers an insightful study of punishment in the works of Plato, Hobbes, Montesquieu, Beccaria, Kant, and Foucault.
In Profit and Punishment, a Pulitzer Prize-winning journalist exposes the tragedy of modern-day debtors prisons, and how they destroy the lives of poor Americans swept up in a system designed to penalize the most impoverished. “Intimate, raw, and utterly scathing” — Heather Ann Thompson, Pulitzer Prize-winning author of Blood in the Water “Crucial evidence that the justice system is broken and has to be fixed. Please read this book.” —James Patterson, #1 New York Times bestselling author As a columnist for the St. Louis Post-Dispatch, Tony Messenger has spent years in county and municipal courthouses documenting how poor Americans are convicted of minor crimes and then saddled with exorbitant fines and fees. If they are unable to pay, they are often sent to prison, where they are then charged a pay-to-stay bill, in a cycle that soon creates a mountain of debt that can take years to pay off. These insidious penalties are used to raise money for broken local and state budgets, often overseen by for-profit companies, and it is one of the central issues of the criminal justice reform movement. In the tradition of Evicted and The New Jim Crow, Messenger has written a call to arms, shining a light on a two-tiered system invisible to most Americans. He introduces readers to three single mothers caught up in this system: living in poverty in Missouri, Oklahoma, and South Carolina, whose lives are upended when minor offenses become monumental financial and personal catastrophes. As these women struggle to clear their debt and move on with their lives, readers meet the dogged civil rights advocates and lawmakers fighting by their side to create a more equitable and fair court of justice. In this remarkable feat of reporting, Tony Messenger exposes injustice that is agonizing and infuriating in its mundane cruelty, as he champions the rights and dignity of some of the most vulnerable Americans.
After forty years of increasing prison construction and incarceration rates, winds of change are blowing through the American correctional system. The 2008 financial crisis demonstrated the unsustainability of the incarceration project, thereby empowering policy makers to reform punishment through fiscal prudence and austerity. In Cheap on Crime, Hadar Aviram draws on years of archival and journalistic research and builds on social history and economics literature to show the powerful impact of recession-era discourse on the death penalty, the war on drugs, incarceration practices, prison health care, and other aspects of the American correctional landscape.
Today, we know that crime is often not just a matter of making bad decisions. Rather, there are a variety of factors that are implicated in much criminal offending, some fairly obvious like poverty, mental illness, and drug abuse and others less so, such as neurocognitive problems. Today, we have the tools for effective criminal behavioral change, but this cannot be an excuse for criminal offending. In The Future of Crime and Punishment, William R. Kelly identifies the need to educate the public on how these tools can be used to most effectively and cost efficiently reduce crime, recidivism, victimization and cost. The justice system of the future needs to be much more collaborative, utilizing the expertise of a variety of disciplines such as psychology, psychiatry, addiction, and neuroscience. Judges and prosecutors are lawyers, not clinicians, and as we transition the justice system to a focus on behavioral change, the decision making will need to reflect the input of clinical experts. The path forward is one characterized largely by change from traditional criminal prosecution and punishment to venues that balance accountability, compliance, and risk management with behavioral change interventions that address the primary underlying causes for recidivism. There are many moving parts to this effort and it is a complex proposition. It requires substantial changes to law, procedure, decision making, roles and responsibilities, expertise, and funding. Moreover, it requires a radical shift in how we think about crime and punishment. Our thinking needs to reflect a perspective that crime is harmful, but that much criminal behavior is changeable.
WINNER OF THE PULITZER PRIZE FOR GENERAL NON-FICTON ONE OF THE NEW YORK TIMES BOOK REVIEWS' 10 BEST BOOKS LONG-LISTED FOR THE NATIONAL BOOK AWARD FINALIST, CURRENT INTEREST CATEGORY, LOS ANGELES TIMES BOOK PRIZES "Locking Up Our Own is an engaging, insightful, and provocative reexamination of over-incarceration in the black community. James Forman Jr. carefully exposes the complexities of crime, criminal justice, and race. What he illuminates should not be ignored." —Bryan Stevenson, author of Just Mercy and founder of the Equal Justice Initiative "A beautiful book, written so well, that gives us the origins and consequences of where we are . . . I can see why [the Pulitzer prize] was awarded." —Trevor Noah, The Daily Show Former public defender James Forman, Jr. is a leading critic of mass incarceration and its disproportionate impact on people of color. In Locking Up Our Own, he seeks to understand the war on crime that began in the 1970s and why it was supported by many African American leaders in the nation’s urban centers. Forman shows us that the first substantial cohort of black mayors, judges, and police chiefs took office amid a surge in crime and drug addiction. Many prominent black officials, including Washington, D.C. mayor Marion Barry and federal prosecutor Eric Holder, feared that the gains of the civil rights movement were being undermined by lawlessness—and thus embraced tough-on-crime measures, including longer sentences and aggressive police tactics. In the face of skyrocketing murder rates and the proliferation of open-air drug markets, they believed they had no choice. But the policies they adopted would have devastating consequences for residents of poor black neighborhoods. A former D.C. public defender, Forman tells riveting stories of politicians, community activists, police officers, defendants, and crime victims. He writes with compassion about individuals trapped in terrible dilemmas—from the men and women he represented in court to officials struggling to respond to a public safety emergency. Locking Up Our Own enriches our understanding of why our society became so punitive and offers important lessons to anyone concerned about the future of race and the criminal justice system in this country.
The inside story of a band of entrepreneurial upstarts who made millions selling painkillers—until their scheme unraveled, putting them at the center of a landmark criminal trial. • SOON TO BE THE MAJOR MOTION PICTURE PAIN HUSTLERS STARRING EMILY BLUNT AND CHRIS EVANS "Unfolds with the velocity and verve of a Scorsese film…A tour de force."—Patrick Radden Keefe, New York Times bestselling author of Empire of Pain and Say Nothing John Kapoor had already amassed a small fortune in pharmaceuticals when he founded Insys Therapeutics. It was the early 2000s, a boom time for painkillers, and he developed a novel formulation of fentanyl, the most potent opioid on the market. Kapoor, a brilliant immigrant scientist with relentless business instincts, was eager to make the most of his innovation. He gathered around him an ambitious group of young lieutenants. His head of sales—an unstable and unmanageable leader, but a genius of persuasion—built a team willing to pull every lever to close a sale, going so far as to recruit an exotic dancer ready to scrape her way up. They zeroed in on the eccentric and suspect doctors receptive to their methods. Employees at headquarters did their part by deceiving insurance companies. The drug was a niche product, approved only for cancer patients in dire condition, but the company’s leadership pushed it more widely, and together they turned Insys into a Wall Street sensation. But several insiders reached their breaking point and blew the whistle. They sparked a sprawling investigation that would lead to a dramatic courtroom battle, breaking new ground in the government’s fight to hold the drug industry accountable in the spread of addictive opioids. In The Hard Sell, National Magazine Award–finalist Evan Hughes lays bare the pharma playbook. He draws on unprecedented access to insiders of the Insys saga, from top executives to foot soldiers, from the patients and staff of far-flung clinics to the Boston investigators who treated the case as a drug-trafficking conspiracy, flipping cooperators and closing in on the key players. With colorful characters and true suspense, The Hard Sell offers a bracing look not just at Insys, but at how opioids are sold at the point they first enter the national bloodstream—in the doctor’s office.
A journalist uncovers the dark secrets of an abandoned boarding school in this chilling suspense novel from the New York Times bestselling author of The Sun Down Motel. Vermont, 1950. There's a place for the girls whom no one wants—the troublemakers, the illegitimate, the ones too smart for their own good. It's called Idlewild Hall, and local legend says the boarding school is haunted. Four roommates bond over their whispered fears, their friendship blossoming—until one of them mysteriously disappears.... Vermont, 2014. Twenty years ago, journalist Fiona Sheridan's elder sister’s body was found in the overgrown fields near the ruins of Idlewild Hall. And although her sister’s boyfriend was tried and convicted of the murder, Fiona can’t stop revisiting the events, unable to shake the feeling that something was never right about the case. When Fiona discovers that Idlewild Hall is being restored by an anonymous benefactor, she decides to write a story about it. But a shocking discovery during renovations links the loss of her sister to secrets that were meant to stay hidden in the past—and a voice that won’t be silenced....