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The Failed Promise of Sentencing Reform

Autor Michael O'Hear
en Limba Engleză Paperback – 21 feb 2024
Despite 15 years of reform efforts, the incarceration rate in the United States remains unprecedentedly high. This book provides the first comprehensive survey of these reforms and explains why they have proven to be ineffective.After many decades of stability, the imprisonment rate in the United States quintupled between 1973 and 2003. Since then, nearly all states have adopted multiple reforms intended to reduce imprisonment, but the U.S. imprisonment rate has only decreased by a paltry 2 percent. Why have American sentencing reforms since 2000 been largely ineffective? Are tough mandatory minimum sentences for nonviolent drug offenders the primary reason our prisons are always full? This book offers a fascinating assessment of the wave of sentencing reforms adopted by dozens of states as well as changes at the federal level since 2000, identifying common themes among seemingly disparate changes in sentencing policy and highlighting recent reform efforts that have been more successful and may point the way forward for the nation as a whole.In The Failed Promise of Sentencing Reform, Michael O'Hear exposes the myths that American prison sentencing reforms enacted in the 21st century have failed to have the expected effect because U.S. prisons are filled to capacity with nonviolent drug offenders as a result of the "war on drugs" or because of new laws that took away the discretion of judges and corrections officials. O'Hear then makes a convincing case for the real reasons sentencing reforms have come up short: because they exclude violent and sexual offenders, and because they rely on the discretion of officials who still have every incentive to be highly risk-averse. He also highlights how overlooking the well-being of offenders and their families in our consideration of sentencing reform has undermined efforts to effect real change.
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Specificații

ISBN-13: 9798765120613
Pagini: 296
Dimensiuni: 156 x 235 x 25 mm
Greutate: 0.41 kg
Editura: Bloomsbury Publishing
Colecția Bloomsbury Academic
Locul publicării:New York, United States

Caracteristici

Explains why reforms must target the excessive sentences imposed on violent and sexual offenders, even though the members of these offender groups are considered "justifiably punished" by long prison terms in the public eye

Notă biografică

Michael O'Hear is a professor of law at Marquette University Law School.

Cuprins

Figures and TablesAcknowledgementsIntroduction: An Era of Treading WaterChapter 1: The Great U.S. Imprisonment Boom, 1973-2000Chapter 2: War on Drugs: Escalation and (Equivocal) De-EscalationChapter 3: The Early Release "Revolution"Chapter 4: Justice Reinvestment: Dominant Reform Model of the Treading Water EraChapter 5: Federal Sentencing in the Age of Bush and ObamaChapter 6: Sentencing in the Supreme CourtChapter 7: California: Is the Glass Half Empty of Half Full?Chapter 8: Conclusion: Looking Back, Looking AheadNotesIndex

Recenzii

This is a tour de force account of the swirling factors that account for both the dramatic increase in prison populations in the United States in the 1970-90s and the modest decreases since 2000. . . . Summing Up: Recommended. Upper-division undergraduates through faculty.