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Explaining U.S. Imprisonment builds on and extends some of the contemporary issues of women in prison, minorities, and the historical path to modern prisons as well as the social influences on prison reform.
The U.S. has made significant progress toward ensuring equal treatment under law for all citizens. But in one arena -- criminal justice -- racial inequality is growing, not receding. Our criminal laws, while facially neutral, are enforced in a massively & pervasively biased manner. The injustices of the criminal justice system threaten to render irrelevant 50 years of hard-fought civil rights progress. This policy report examines the systematically unequal treatment of black & Hispanic Americans & other minorities as compared to their similarly situated white counterparts within the criminal justice system. It reviews the effects of such unequal treatment on these groups & on the criminal justice system.
Though originally an interloper in a system of justice mediated by courtroom battles, plea bargaining now dominates American criminal justice. This book traces the evolution of plea bargaining from its beginnings in the early nineteenth century to its present pervasive role. Through the first three quarters of the nineteenth century, judges showed far less enthusiasm for plea bargaining than did prosecutors. After all, plea bargaining did not assure judges “victory”; judges did not suffer under the workload that prosecutors faced; and judges had principled objections to dickering for justice and to sharing sentencing authority with prosecutors. The revolution in tort law, however, brought on a flood of complex civil cases, which persuaded judges of the wisdom of efficient settlement of criminal cases. Having secured the patronage of both prosecutors and judges, plea bargaining quickly grew to be the dominant institution of American criminal procedure. Indeed, it is difficult to name a single innovation in criminal procedure during the last 150 years that has been incompatible with plea bargaining’s progress and survived.