Incarceration and the Law, Cases and Materials

Incarceration and the Law, Cases and Materials PDF

Author: Margo Schlanger

Publisher: West Academic Publishing

Published: 2020-05-29

Total Pages: 1071

ISBN-13: 9781683287964

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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.

My Time Will Come

My Time Will Come PDF

Author: Ian Manuel

Publisher: Vintage

Published: 2022-04-19

Total Pages: 225

ISBN-13: 1984897985

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The inspiring story of activist and poet Ian Manuel, who at the age of fourteen was sentenced to life in prison. He survived eighteen years in solitary confinement—through his own determination and dedication to art—until he was freed as part of an incredible crusade by the Equal Justice Initiative. “Ian is magic. His story is difficult and heartbreaking, but he takes us places we need to go to understand why we must do better. He survives by relying on a poetic spirit, an unrelenting desire to succeed, to recover, and to love. Ian’s story says something hopeful about our future.” —Bryan Stevenson, author of Just Mercy The United States is the only country in the world that sentences thirteen- and fourteen-year-old offenders, mostly youth of color, to life in prison without parole. In 1991, Ian Manuel, then fourteen, was sentenced to life without parole for a non-homicide crime. In a botched mugging attempt with some older boys, he shot a young white mother of two in the face. But as Bryan Stevenson, attorney and executive director of the Equal Justice Initiative, has insisted, none of us should be judged by only the worst thing we have ever done. Capturing the fullness of his humanity, here is Manuel’s powerful testimony of growing up homeless in a neighborhood riddled with poverty, gang violence, and drug abuse—and of his efforts to rise above his circumstances, only to find himself, partly through his own actions, imprisoned for two-thirds of his life, eighteen years of which were spent in solitary confinement. Here is the story of how he endured the savagery of the United States prison system, and how his victim, an extraordinary woman, forgave him and bravely advocated for his freedom, which was achieved by an Equal Justice Initiative push to address the barbarism of our judicial system and bring about “just mercy.” Full of unexpected twists and turns as it describes a struggle for redemption, My Time Will Come is a paean to the capacity of the human will to transcend adversity through determination and art—in Ian Manuel’s case, through his dedication to writing poetry.

Reforming Juvenile Justice

Reforming Juvenile Justice PDF

Author: National Research Council

Publisher: National Academies Press

Published: 2013-05-22

Total Pages: 463

ISBN-13: 0309278937

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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.

Mass Incarceration on Trial

Mass Incarceration on Trial PDF

Author: Jonathan Simon

Publisher: The New Press

Published: 2014

Total Pages: 226

ISBN-13: 1595587691

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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.

Earning Freedom

Earning Freedom PDF

Author: Michael G Santos

Publisher: Independently Published

Published: 2021-08-26

Total Pages: 532

ISBN-13:

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Michael Santos helps audiences understand how to overcome the struggle of a lengthy prison term. Readers get to experience the mindset of a 23-year-old young man that goes into prison at the start of America's War on Drugs. They see how decisions that Santos made at different stages in the journey opened opportunities for a life of growth, fulfillment, and meaning. Santos tells the story in three sections: Veni, Vidi, Vici. In the first section of the book, we see the challenges of the arrest, the reflections while in jail, the criminal trial, and the imposition of a 45-year prison term. In the second section of the book, we learn how Santos opened opportunities to grow. By writing letters to universities, he found his way into a college program. After earning an undergraduate degree, he pursued a master's degree. After earning a master's degree, he began work toward a doctorate degree. When authorities blocked his pathway to complete his formal education, Santos shifted his energy to publishing and creating business opportunities from inside of prison boundaries. In the final section, we learn how Santos relied upon critical-thinking skills to position himself for a successful journey inside. He nurtured a relationship with Carole and married her inside of a prison visiting room. Then, he began building businesses that would allow him to return to society strong, with his dignity intact. Through Earning Freedom! readers learn how to overcome struggles and challenges. At any time, we can recalibrate, we can begin working toward a better life. Santos served 9,135 days in prison, and another 365 days in a halfway house before concluding 26 years as a federal prisoner. Through his various websites, he continues to document how the decisions he made in prison put him on a pathway to succeed upon release. Contact Michael Santos PrisonProfessors.com 32565 Golden Lantern Street Box B-1026 Dana Point, CA 92692

The Ethics of Total Confinement

The Ethics of Total Confinement PDF

Author: Bruce A. Arrigo

Publisher: Oxford University Press

Published: 2011-06-29

Total Pages: 317

ISBN-13: 0195372212

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Richly interdisciplinary in orientation, this insightful volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence.

Biological Confinement of Genetically Engineered Organisms

Biological Confinement of Genetically Engineered Organisms PDF

Author: National Research Council

Publisher: National Academies Press

Published: 2004-02-20

Total Pages: 277

ISBN-13: 0309090857

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Genetically engineered organisms (GEOs) have been under development for more than 20 years while GE crops have been grown commercially during the last decade. During this time, a number of questions have cropped up concerning the potential consequences that certain GEOs might have on natural or managed ecosystems and human health. Interest in developing methods to confine some GEOs and their transgenes to specifically designated release settings has increased and the success of these efforts could facilitate the continued growth and development of this technology. Biological Confinement of Genetically Engineered Organisms examines biological methods that may be used with genetically engineered plants, animals, microbes, and fungi. Bioconfinement methods have been applied successfully to a few non-engineered organisms, but many promising techniques remain in the conceptual and experimental stages of development. This book reviews and evaluates these methods, discusses when and why to consider their use, and assesses how effectively they offer a significant reduction of the risks engineered organisms can present to the environment. Interdisciplinary research to develop new confinement methods could find ways to minimize the potential for unintended effects on human health and the environment. Need for this type of research is clear and successful methods could prove helpful in promoting regulatory approval for commercialization of future genetically engineered organisms.

Health and Incarceration

Health and Incarceration PDF

Author: National Research Council

Publisher: National Academies Press

Published: 2013-08-08

Total Pages: 67

ISBN-13: 0309287715

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Over the past four decades, the rate of incarceration in the United States has skyrocketed to unprecedented heights, both historically and in comparison to that of other developed nations. At far higher rates than the general population, those in or entering U.S. jails and prisons are prone to many health problems. This is a problem not just for them, but also for the communities from which they come and to which, in nearly all cases, they will return. Health and Incarceration is the summary of a workshop jointly sponsored by the National Academy of Sciences(NAS) Committee on Law and Justice and the Institute of Medicine(IOM) Board on Health and Select Populations in December 2012. Academics, practitioners, state officials, and nongovernmental organization representatives from the fields of healthcare, prisoner advocacy, and corrections reviewed what is known about these health issues and what appear to be the best opportunities to improve healthcare for those who are now or will be incarcerated. The workshop was designed as a roundtable with brief presentations from 16 experts and time for group discussion. Health and Incarceration reviews what is known about the health of incarcerated individuals, the healthcare they receive, and effects of incarceration on public health. This report identifies opportunities to improve healthcare for these populations and provides a platform for visions of how the world of incarceration health can be a better place.