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A critical examination of how contemporary criminal justice reforms expand rather than shrink structurally violent systems of policing, surveillance, and carceral control in the United States. Public opposition to the structural racist, gendered, and economic violence that fuels the criminal legal system is reaching a critical mass. Ignited by popular uprisings, protests, and campaigns against state violence, demands for transformational change have escalated. In response, a now deeply entrenched so-called bipartisan industry has staked its claim to the reform terrain. Representing itself as a sensible bridge across bitterly polarized political divides and party lines, the bipartisan reform industry has sought to control the nature and scope of local, state, and federal reforms. Along the way, it creates an expanding web of neoliberal public-private partnerships, with the promotion and implementation of efforts managed by billionaires, public officials, policy factories, foundations, universities, and mega nonprofit organizations. Yet many bipartisan reforms constitute deceptive sleights of hand that not only fail to produce justice but actively reproduce structural racial and economic inequality. Carceral Con pulls the veil away from the reform public relations machine, providing a riveting overview of the repressive US carceral state and a critical examination of the reform terrain, quagmires, and choices that face us. This book vividly illustrates how contemporary bipartisan reform agendas leave the structural apparatus of mass incarceration intact while widening the net of carceral control and surveillance. Readers are also provided with information and insights useful for examining the likely impacts of reforms today and in the future. What can we learn from reforms of the past? What strategies hold most promise for dismantling structural inequalities, corporate control, and state violence? What approaches will reduce reliance on carceral control and also bring about community safety? Utilizing an abolitionist lens, Carceral Con makes the compelling case for liberatory approaches to envisioning and creating a just society.
California¿s Criminal Justice System, Third Edition, shares the history, purpose, structure, and procedures of California¿s criminal justice system. It begins with conversations about the state of crime in California, the demographics of crime, and the practices of legislative actions and direct democracy in creating state laws. The book includes discussions of criminal justice policies as well as criminal justice institutions such as policing, courts, corrections, and the juvenile justice system. Each chapter is authored by an expert in the field and highlights some of the current issues, challenges, and controversies facing California¿s criminal justice system. The authors also highlight some of the current criminal justice policies and controversies within the state, including gun policy, sex crime policy, drug policy, capital punishment, realignment, gangs, and victims¿ rights. In addition, the authors include discussions on a variety of different employment opportunities related to criminal justice and the occupational outlook for these positions. This text is appropriate for undergraduate students in introductory courses on criminal justice, law, and government, and can be used either as a supplemental text or as a stand-alone resource for students.
A groundbreaking reassessment of the American prison system, challenging the widely accepted explanations for our exploding incarceration rates In Locked In, John Pfaff argues that the factors most commonly cited to explain mass incarceration -- the failed War on Drugs, draconian sentencing laws, an increasing reliance on private prisons -- tell us much less than we think. Instead, Pfaff urges us to look at other factors, especially 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. An authoritative, clear-eyed account of a national catastrophe, Locked In is "a must-read for anyone who dreams of an America that is not the world's most imprisoned nation" (Chris Hayes, author of A Colony in a Nation). It 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.
Key recommendations -- Methodology -- I. Background -- II. Pretrial detention in California -- II. Bail leads to jailing people who are not guilty -- III. Bail and jail result in an unfair justice system -- IV. Bail devastates poor and middle-income defendants and households -- V. Does bail in California serve the legitimate purposes of pretrial detention? -- VI. Profile-based risk assessment -- VII. A better way: increased cite and release and individualized risk assessment -- IX. International human rights law.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Mass Incarceration on Trial examines a series of landmark decisions about prison conditions-culminating in Brown v. Plata, decided in May 2011 by the U.S. Supreme Court-that has opened an unexpected escape route from this trap of "tough on crime" politics. This set of rulings points toward values that could restore legitimate order to American prisons and, ultimately, lead to the demise of mass incarceration. This book offers a provocative and brilliant reading to the end of mass incarceration.
Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.
The California youth corrections system is undergoing the most sweeping transformation in its 154-year history. The extraordinary nature of this change is revealed by the striking decline in the state’s youth incarceration rate. In 1996, with 10,000 youth confined in 11 state-run correctional facilities, California boasted the nation’s third highest youth incarceration rate. Now, with only 800 youth remaining in a system comprised of just three institutions, California has one of the nation’s lowest youth incarceration rate. How did such unprecedented changes occur and what were the crucial conditions that produced them? Daniel E. Macallair answers these questions through an examination of the California youth corrections system’s origins and evolution, and the patterns and practices that ultimately led to its demise. Beginning in the 19th century, California followed national juvenile justice trends by consigning abused, neglected, and delinquent youth to congregate care institutions known as reform schools. These institutions were characterized by their emphasis on regimentation, rigid structure, and harsh discipline. Behind the walls of these institutions, children and youth, who ranged in age from eight to 21, were subjected to unspeakable cruelties. Despite frequent public outcry, life in California reform schools changed little from the opening of the San Francisco Industrial School in 1859 to the dissolution of the California Youth Authority (CYA) in 2005. By embracing popular national trends at various times, California encapsulates much of the history of youth corrections in the United States. The California story is exceptional since the state often assumed a leadership role in adopting innovative policies intended to improve institutional treatment. The California juvenile justice system stands at the threshold of a new era as it transitions from a 19th century state-centered institutional model to a decentralized structure built around localized services delivered at the county level. After the Doors Were Locked is the first to chronicle the unique history of youth corrections and institutional care in California and analyze the origins of today’s reform efforts. This book offers valuable information and guidance to current and future generations of policy makers, administrators, judges, advocates, students and scholars.