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In the age of American mass incarceration, a complex legal regime governs prison conditions and presents a host of controversial questions at the intersection of constitutional liberty, statutory interpretation, administrative regulation, and public policy. This is a completely overhauled, re-titled, and much-expanded version of the leading casebook about incarceration. It addresses both pretrial and post-conviction incarceration, presenting Supreme Court and leading lower court case law, statutes, litigation materials, professional standards, academic commentary, and prisoner writing. Topics include conditions of confinement, civil liberties, particular prisoner populations and relevant legal issues (race and national origin discrimination, the particular issues/law governing treatment of incarcerated women, LGBTQ people, and people with disabilities). Litigated remedies (injunctive litigation, damages, the Prison Litigation Reform Act, and criminal prosecution of prison staff), are also covered in detail, as is non-litigation oversight. The casebook is supplemented by an open-access website that offers additional resources and sources for further reading.
This text details critical information on all aspects of prison litigation, including information on trial and appeal, conditions of isolated confinement, access to the courts, parole, right to medical aid and liabilities of prison officials. Highlighted topics include application of the Americans with Disabilities Act to prisons, protection given to HIV-positive inmates, and actions of the Supreme Court and Congress to stem the flow of prison litigation. Part II contains Judicial Decisions Relating to Part I.
An accessible guide for activists, educators, and all who are interested in understanding how the prison system oppresses communities and harms individuals. The United States incarcerates more of its residents than any other nation. Though home to 5% of the global population, the United States has nearly 25% of the world’s prisoners—a total of over 2 million people. This number continues to steadily rise. Over the past 40 years, the number of people behind bars in the United States has increased by 500%. Journalist Victoria Law explains how racism and social control were the catalysts for mass incarceration and have continued to be its driving force: from the post-Civil War laws that states passed to imprison former slaves, to the laws passed under the “War Against Drugs” campaign that disproportionately imprison Black people. She breaks down these complicated issues into four main parts: 1. The rise and cause of mass incarceration 2. Myths about prison 3. Misconceptions about incarcerated people 4. How to end mass incarceration Through carefully conducted research and interviews with incarcerated people, Law identifies the 21 key myths that propel and maintain mass incarceration, including: • The system is broken and we simply need some reforms to fix it • Incarceration is necessary to keep our society safe • Prison is an effective way to get people into drug treatment • Private prison corporations drive mass incarceration “Prisons Make Us Safer” is a necessary guide for all who are interested in learning about the cause and rise of mass incarceration and how we can dismantle it.
Prisoners and the Law covers the treatment of prisoners from remand to release, with special attention to prison discipline, parole, life sentences and prison conditions. This much acclaimed guide is essential reading for criminal practitioners as well as prison lawyers, providing easily accessible information on all aspects of prisoners' rights. This new edition has been completely revised to take account of the major changes and developments in prison law over the last 5 years, including: the new National Offender Management System; the Criminal Justice Act 2003; the updated Parole Board Rules; changes to life sentencing laws; European Court decisions and the impact of the Human Rights Act.
This book deals with a specialized area of international law relating to prisoners, especially as regards the worst abuses to which they may be subject, such as torture, enforced disappearance and summary or arbitrary executions.
Hank Lacayo Best Labor Themed Book, International Latino Book Awards Best Book Award, Division of Critical Criminology and Social Justice, American Society of Criminology In the early twentieth century, the brutality of southern prisons became a national scandal. Prisoners toiled in grueling, violent conditions while housed in crude dormitories on what were effectively slave plantations. This system persisted until the 1940s when, led by Texas, southern states adopted northern prison design reforms. Texas presented the reforms to the public as modern, efficient, and disciplined. Inside prisons, however, the transition to penitentiary cells only made the endemic violence more secretive, intensifying the labor division that privileged some prisoners with the power to accelerate state-orchestrated brutality and the internal sex trade. Reformers' efforts had only made things worse--now it was up to the prisoners to fight for change. Drawing from three decades of legal documents compiled by prisoners, Robert T. Chase narrates the struggle to change prison from within. Prisoners forged an alliance with the NAACP to contest the constitutionality of Texas prisons. Behind bars, a prisoner coalition of Chicano Movement and Black Power organizations publicized their deplorable conditions as "slaves of the state" and initiated a prison-made civil rights revolution and labor protest movement. These insurgents won epochal legal victories that declared conditions in many southern prisons to be cruel and unusual--but their movement was overwhelmed by the increasing militarization of the prison system and empowerment of white supremacist gangs that, together, declared war on prison organizers. Told from the vantage point of the prisoners themselves, this book weaves together untold but devastatingly important truths from the histories of labor, civil rights, and politics in the United States as it narrates the transition from prison plantations of the past to the mass incarceration of today.
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.
There are now a record number of prisoners and remand prisoners in the UK, and they are giving rise to an increasing amount of litigation. This publication covers such issues as the prison structure, criminal sentences and remands, prison reform, privatization, and the rights of remand prisoners.
“Expert and well-reasoned commentary on the justice system . . . His writings are dangerous.”—The Village Voice In Jailhouse Lawyers, award-winning journalist and death-row inmate Mumia Abu-Jamal presents the stories and reflections of fellow prisoners-turned-advocates who have learned to use the court system to represent other prisoners—many uneducated or illiterate—and, in some cases, to win their freedom. In Abu-Jamal’s words, “This is the story of law learned, not in the ivory towers of multi-billion-dollar endowed universities [but] in the bowels of the slave-ship, in the dank dungeons of America.” Includes an introduction by Angela Y. Davis. Mumia Abu-Jamal’s books include Live From Death Row and Death Blossoms.