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From Executive summary: This report focuses on the government's efforts to enforce federal civil rights laws prohibiting religious discrimination in the administration and management of federal and state prisons. Prisoners in federal and state institutions retain certain religious exercise rights under the Constitution and statutes including the Religious Land Use and Institutionalized Persons Act (RLUPIPA), the Religious Freedom Restoration Act (RFRA), and the Civil rights of Institutionalized Persons Act (CRIPA). Many states have similar provisions in their state constitutions and in state law modeled on RFRA. These rights must be balanced with the legitimate concerns of prisons officials, including cost, staffing, and most importantly, prison safety and security. Reconciling these rights and concerns can be a significant challenge for penal institutions, as well as courts.
Since 1980, the number of people in U.S. prisons has increased more than 450%. Despite a crime rate that has been falling steadily for decades, California has led the way in this explosion, with what a state analyst called "the biggest prison building project in the history of the world." Golden Gulag provides the first detailed explanation for that buildup by looking at how political and economic forces, ranging from global to local, conjoined to produce the prison boom. In an informed and impassioned account, Ruth Wilson Gilmore examines this issue through statewide, rural, and urban perspectives to explain how the expansion developed from surpluses of finance capital, labor, land, and state capacity. Detailing crises that hit California’s economy with particular ferocity, she argues that defeats of radical struggles, weakening of labor, and shifting patterns of capital investment have been key conditions for prison growth. The results—a vast and expensive prison system, a huge number of incarcerated young people of color, and the increase in punitive justice such as the "three strikes" law—pose profound and troubling questions for the future of California, the United States, and the world. Golden Gulag provides a rich context for this complex dilemma, and at the same time challenges many cherished assumptions about who benefits and who suffers from the state’s commitment to prison expansion.
Amy E. Lerman examines the shift from rehabilitation to punitivism that has taken place in the politics and practice of American corrections.
Paul Sabin offers a study of the oil market in California before World War II, showing how the development of an economy & society very heavily dependent upon oil production & consumption was largely directed by policy decisions regarding property rights, regulatory law & public investment.
Even though youth crime rates have fallen since the mid-1990s, public fear and political rhetoric over the issue have heightened. The Columbine shootings and other sensational incidents add to the furor. Often overlooked are the underlying problems of child poverty, social disadvantage, and the pitfalls inherent to adolescent decisionmaking that contribute to youth crime. From a policy standpoint, adolescent offenders are caught in the crossfire between nurturance of youth and punishment of criminals, between rehabilitation and "get tough" pronouncements. In the midst of this emotional debate, the National Research Council's Panel on Juvenile Crime steps forward with an authoritative review of the best available data and analysis. Juvenile Crime, Juvenile Justice presents recommendations for addressing the many aspects of America's youth crime problem. This timely release discusses patterns and trends in crimes by children and adolescentsâ€"trends revealed by arrest data, victim reports, and other sources; youth crime within general crime; and race and sex disparities. The book explores desistanceâ€"the probability that delinquency or criminal activities decrease with ageâ€"and evaluates different approaches to predicting future crime rates. Why do young people turn to delinquency? Juvenile Crime, Juvenile Justice presents what we know and what we urgently need to find out about contributing factors, ranging from prenatal care, differences in temperament, and family influences to the role of peer relationships, the impact of the school policies toward delinquency, and the broader influences of the neighborhood and community. Equally important, this book examines a range of solutions: Prevention and intervention efforts directed to individuals, peer groups, and families, as well as day care-, school- and community-based initiatives. Intervention within the juvenile justice system. Role of the police. Processing and detention of youth offenders. Transferring youths to the adult judicial system. Residential placement of juveniles. The book includes background on the American juvenile court system, useful comparisons with the juvenile justice systems of other nations, and other important information for assessing this problem.
Originally published: Syracuse, N.Y.: Prison Research Education Action Project, 1976.