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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.
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.
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.
A CounterPunch Best Book of the Year A Lone Star Policy Institute Recommended Book “If you care, as I do, about disrupting the perverse politics of criminal justice, there is no better place to start than Prisoners of Politics.” —James Forman, Jr., author of Locking Up Our Own The United States has the highest rate of incarceration in the world. The social consequences of this fact—recycling people who commit crimes through an overwhelmed system and creating a growing class of permanently criminalized citizens—are devastating. A leading criminal justice reformer who has successfully rewritten sentencing guidelines, Rachel Barkow argues that we would be safer, and have fewer people in prison, if we relied more on expertise and evidence and worried less about being “tough on crime.” A groundbreaking work that is transforming our national conversation on crime and punishment, Prisoners of Politics shows how problematic it is to base criminal justice policy on the whims of the electorate and argues for an overdue shift that could upend our prison problem and make America a more equitable society. “A critically important exploration of the political dynamics that have made us one of the most punitive societies in human history. A must-read by one of our most thoughtful scholars of crime and punishment.” —Bryan Stevenson, author of Just Mercy “Barkow’s analysis suggests that it is not enough to slash police budgets if we want to ensure lasting reform. We also need to find ways to insulate the process from political winds.” —David Cole, New York Review of Books “A cogent and provocative argument about how to achieve true institutional reform and fix our broken system.” —Emily Bazelon, author of Charged
A useful research resource and handy reference, this book discusses the many important ethical and legal issues that arise in the delivery of health care to prisoners at correctional facilities. It references national standards of professional practice as well as the advice of recognized experts. The mission of corrections is the care and custody of prisoners with a view to public safety within a place dedicated to punishment, while the mission of the medical and mental health professionals in a corrections facility is to care for the health and well-being of the prisoners. Both have a duty to provide care, but their differing roles and objectives give rise to ethical role conflict and disagreement regarding appropriate care strategies. Humane Health Care for Prisoners considers important ethical and legal issues that arise in the delivery of health care to prisoners, covering topics such as privacy, confidentiality, informed consent, extended isolation and solitary confinement, use of mace, strip searches and body cavity searches, and medical experimentation on prisoners as human subjects. It also considers participation by health care professionals in capital punishment, coerced substance abuse treatment, how much health care to provide, organizational structure and hierarchy, cooperation between correctional and health care staff, and the importance of recognizing mental illness as a chronic condition. This book is informative for professionals working in corrections facilities, such as physicians, psychiatrists, psychologists, nurses, wardens, jail administrators, sheriffs, and corrections officials, as well as legislators and decision makers, attorneys involved in correctional healthcare lawsuits, students of criminal justice, and those seeking to work in the field of correctional health care or in corrections. Additionally, students and professors of medical ethics will find this book helpful in illustrating real-life topics for research and discussion.
This book considers prisoners' rights from socio-legal and philosophical perspectives, assessing the advantages and problems of a rights-based approach to imprisonment with a focus on citizenship, the treatment of women prisoners, and social exclusion.
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.