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After decades of stability from the 1920s to the early 1970s, the rate of imprisonment in the United States has increased fivefold during the last four decades. The U.S. penal population of 2.2 million adults is by far the largest in the world. Just under one-quarter of the world's prisoners are held in American prisons. The U.S. rate of incarceration, with nearly 1 out of every 100 adults in prison or jail, is 5 to 10 times higher than the rates in Western Europe and other democracies. The U.S. prison population is largely drawn from the most disadvantaged part of the nation's population: mostly men under age 40, disproportionately minority, and poorly educated. Prisoners often carry additional deficits of drug and alcohol addictions, mental and physical illnesses, and lack of work preparation or experience. The growth of incarceration in the United States during four decades has prompted numerous critiques and a growing body of scientific knowledge about what prompted the rise and what its consequences have been for the people imprisoned, their families and communities, and for U.S. society. The Growth of Incarceration in the United States examines research and analysis of the dramatic rise of incarceration rates and its affects. This study makes the case that the United States has gone far past the point where the numbers of people in prison can be justified by social benefits and has reached a level where these high rates of incarceration themselves constitute a source of injustice and social harm. The Growth of Incarceration in the United States examines policy changes that created an increasingly punitive political climate and offers specific policy advice in sentencing policy, prison policy, and social policy. The report also identifies important research questions that must be answered to provide a firmer basis for policy. This report is a call for change in the way society views criminals, punishment, and prison. This landmark study assesses the evidence and its implications for public policy to inform an extensive and thoughtful public debate about and reconsideration of policies.
A concise examination of the central role of legal decisions in shaping key social issues explores topics ranging from Native American affairs and slavery to business and home life as well as how criminal and civil offenses have been addressed in positive and negative ways. Original.
A compelling case can be made that violent crime, especially after the 1960s, was one of the most significant domestic issues in the United States. Indeed, few issues had as profound an effect on American life in the last third of the twentieth century. After 1965, crime rose to such levels that it frightened virtually all Americans and prompted significant alterations in everyday behaviors and even lifestyles. The risk of being mugged was a concern when Americans chose places to live and schools for their children, selected commuter routes to work, and planned their leisure activities. In some locales, people were afraid to leave their dwellings at any time, day or night, even to go to the market. In the worst of the post-1960s crime wave, Americans spent part of each day literally looking back over their shoulders. The Rise and Fall of Violent Crime in America is the first book to comprehensively examine this important phenomenon over the entire postwar era. It combines a social history of the United States with the insights of criminology and examines the relationship between rising and falling crime and such historical developments as the postwar economic boom, suburbanization and the rise of the middle class, baby booms and busts, war and antiwar protest, the urbanization of minorities, and more.
Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.
Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.
Two of the nation's foremost criminal justice scholars present a comprehensive assessment of the factors behind the growth and subsequent overcrowding of American prisons. By critiquing the existing scholarship on prison scale from sociology and history to correctional forecasting and economics, they both reveal that explicit policy changes have had little influence on the increases in imprisonment in recent years and analyze whether it is possible to place limits effectively on prison population. "The Scale of Imprisonment has an exceptionally well designed literature review of interest to public policy, criminal justice, and public law scholars. Its careful review, analysis, and critique of research is stimulating and inventive."—American Political Science Review "The authors fram our thoughts about the soaring use of imprisonment and stimulate our thinking about the best way we as criminologists can conduct rational analysis and provide meaningful advice."—Susan Guarino-Ghezzi, Journal of Quantitative Criminology "Zimring and Hawkins bring a long tradition of excellent criminological scholarship to the seemingly intractable problems of prisons, prison overcrowding, and the need for alternative forms of punishment."—J. C. Watkins, Jr., Choice
Roscoe Pound believed that unless the criminal justice system maintains stability while adapting to change, it will either fossilize or be subject to the whims of public opinion. In Criminal Justice in America, Pound recognizes the dangers law faces when it does not keep pace with societal change. When the home, neighborhood, and religion are no longer capable of social control, increased conflicts arise, laws proliferate, and new menaces wrought by technology, drugs, and juvenile delinquency flourish. Where Pound saw the influence of the motion pictures as part of the "multiplication of the agencies of menace," today we might cite television and the Internet. His point still holds true: The "old machinery" cannot meet the evolving needs of society. In Criminal Justice in America, Pound points out that one aspect of the criminal justice problem is a rigid mechanical approach that resists change. The other dimension of the problem is that change, when it comes, will result from the pressure of public opinion. Justice suffers when the public is moved by the oldest of public feelings, vengeance. This can result in citizens taking the law into their own hands—from tax evasion to mob lynchings—as well as in altering the judicial system—from sensationalizing trials to producing wrongful convictions. Ron Christenson, in his new introduction, discusses the evolution of Roscoe Pound's career and thought. Pound's theories on jurisprudence were remarkably prescient. They continue to gain resonance as crimes become more and more sensationalized by the media. Criminal Justice in America is a fascinating study that should be read by legal scholars and professionals, sociologists, political theorists, and philosophers.
In the second edition of this popular book, the author has thoroughly updated his analysis of the history of American criminal justice, exploring the tension between popular passions and the rule of law. Surveying the topic from the colonial era to the present day, Walker examines changing patterns in criminal activity, the institutional development of the system of criminal justice, and the major issues concerning the administration of justice. Comprehensive and concise, this book is the best single volume treatment of American criminal justice.
In a panoramic history of our criminal justice system from Colonial times to today, one of our foremost legal thinkers shows how America fashioned a system of crime and punishment in its own image.