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Dangerous Offenders
The Elusive Target of Justice
Mark H. Moore, Susan Estrich, Daniel McGillis, and William Spelman
Harvard University Press, 1984

Americans rank crime among the most urgent of social concerns. Overflowing prisons and public outcry have led many to propose that the criminal justice system could control crime more effectively by focusing on dangerous offenders.

Recent social studies have suggested that serious criminality is highly concentrated and that high-rate offenders can be distinguished from others on the basis of prior criminal conduct, drug abuse, and employment record. Such studies urge judges to shift from rehabilitative sentencing to selective incapacitation, with longer prison sentences for convicted criminals who are deemed unusually dangerous. In response to these recommendations, some prosecutors' offices have established career criminal units designed to assure that repeat offenders will be prosecuted to the full measure of the law. Some police departments are experimenting with "perpetrator-oriented patrols" targeted on suspected high-rate offenders.

The authors of this major book in criminal jurisprudence describe and analyze the intellectual and social challenge posed to public officials by this new thrust in criminal justice policy. They develop a framework for evaluating policies that focus on dangerous offenders. They first examine the general issues that arise as society considers the benefits and risks of concentrating on a particular category of criminals. They then outline how that approach might work at each stage of the criminal justice system--sentencing, pretrial detention, prosecution, and investigation.

This cogently argued book provides much needed guidance on the crucial questions of whether sharpened attention to dangerous offenders is just, whether such a policy can be effective in managing the problem of crime, which applications seem particularly valuable, what the long-term risks to social institutions are, and what uncertainties must be monitored and resolved as the policy evolves.

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Deaf People in the Criminal Justice System
Selected Topics on Advocacy, Incarceration, and Social Justice
Debra Guthmann
Gallaudet University Press, 2021
The legal system is complex, and without appropriate access, many injustices can occur. Deaf people in the criminal justice system are routinely denied sign language interpreters, videophone access, and other accommodations at each stage of the legal process. The marginalization of deaf people in the criminal justice system is further exacerbated by the lack of advocates who are qualified to work with this population. Deaf People in the Criminal Justice System: Selected Topics on Advocacy, Incarceration, and Social Justice is the first book to illuminate the challenges faced by deaf people when they are arrested, incarcerated, or navigating the court system. This volume brings interdisciplinary contributors together to shed light on both the problems and solutions for deaf people in these circumstances.
 
       The contributors address issues such as accessibility needs; gaps regarding data collection and the need for more research; additional training for attorneys, court personnel, and prison staff; the need for more qualified sign language interpreters, including Certified Deaf Interpreters who provide services in court, prison, and juvenile facilities; substance use disorders; the school to prison nexus; and the need for advocacy. Students in training programs, researchers, attorneys, mental health professionals, sign language interpreters, family members, and advocates will be empowered by this much-needed resource to improve the experiences and outcomes for deaf people in the criminal justice system.

       This book has been made possible in part by the National Endowment for the Humanities: Exploring the human endeavor. Any views, findings, conclusions, or recommendations expressed in this book do not necessarily represent those of the National Endowment for the Humanities.
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Death in the Tiergarten
Murder and Criminal Justice in the Kaiser’s Berlin
Benjamin Carter Hett
Harvard University Press, 2004

From Alexanderplatz, the bustling Berlin square ringed by bleak slums, to Moabit, site of the city's most feared prison, Death in the Tiergarten illuminates the culture of criminal justice in late imperial Germany. In vivid prose, Benjamin Hett examines daily movement through the Berlin criminal courts and the lawyers, judges, jurors, thieves, pimps, and murderers who inhabited this world.

Drawing on previously untapped sources, including court records, pamphlet literature, and pulp novels, Hett examines how the law reflected the broader urban culture and politics of a rapidly changing city. In this book, German criminal law looks very different from conventional narratives of a rigid, static system with authoritarian continuities traceable from Bismarck to Hitler. From the murder trial of Anna and Hermann Heinze in 1891 to the surprising treatment of the notorious Captain of Koepenick in 1906, Hett illuminates a transformation in the criminal justice system that unleashed a culture war fought over issues of permissiveness versus discipline, the boundaries of public discussion of crime and sexuality, and the role of gender in the courts.

Trained in both the law and history, Hett offers a uniquely valuable perspective on the dynamic intersections of law and society, and presents an impressive new view of early twentieth-century German history.

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The Dialectics of Legal Repression
Black Rebels Before the American Criminal Courts
Isaac D. Balbus
Russell Sage Foundation, 1973
Less than 2 percent of some 4000 adults prosecuted for participating in the bloodiest ghetto revolt of this generation served any time in jail as a result of their conviction and sentencing. Why? Why, in contrast, did the majority of those arrested following a brief and minor confrontation with police in a different city receive far harsher treatment than ordinarily meted out for comparable offenses in "normal" times? What do these incidents tell us about the nature of legal repression in the American state? No coherent theory of political repression in the liberal state exists today. Neither the liberal view of repression as "anomaly" nor the radical view of repression as "fascist core" appears to come to grips with the distinctive characteristics of legal repression in the liberal state. This book attempts to arrive at a more adequate understanding of these "distinctive characteristics" by means of a detailed analysis of the legal response to the most serious violent challenge to the existing political order since the Great Depression—the black ghetto revolts between 1964 and 1968. Using police and court records, and extensive interviews with judges, defense attorneys, prosecutors, and detention officials, Professor Balbus provides a complete reconstruction of the response of the criminal courts of Los Angeles, Detroit, and Chicago to the "civil disorders" that occurred in these cities. What emerges is a disturbing picture of the relationship between court systems and participants and the local political environments in which they operate.
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Digitize and Punish
Racial Criminalization in the Digital Age
Brian Jefferson
University of Minnesota Press, 2020

Tracing the rise of digital computing in policing and punishment and its harmful impact on criminalized communities of color

 

The U.S. Bureau of Justice Statistics estimates that law enforcement agencies have access to more than 100 million names stored in criminal history databases. In some cities, 80 percent of the black male population is registered in these databases. Digitize and Punish explores the long history of digital computing and criminal justice, revealing how big tech, computer scientists, university researchers, and state actors have digitized carceral governance over the past forty years—with devastating impact on poor communities of color.

Providing a comprehensive study of the use of digital technology in American criminal justice, Brian Jefferson shows how the technology has expanded the wars on crime and drugs, enabling our current state of mass incarceration and further entrenching the nation’s racialized policing and punishment. After examining how the criminal justice system conceptualized the benefits of computers to surveil criminalized populations, Jefferson focuses on New York City and Chicago to provide a grounded account of the deployment of digital computing in urban police departments.

By highlighting the intersection of policing and punishment with big data and web technology—resulting in the development of the criminal justice system’s latest tool, crime data centers—Digitize and Punish makes clear the extent to which digital technologies have transformed and intensified the nature of carceral power.

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Doing Time on the Outside
Incarceration and Family Life in Urban America
Donald Braman
University of Michigan Press, 2004
"Stigma, shame and hardship---this is the lot shared by families whose young men have been swept into prison. Braman reveals the devastating toll mass incarceration takes on the parents, partners, and children left behind."
-Katherine S. Newman

"Doing Time on the Outside brings to life in a compelling way the human drama, and tragedy, of our incarceration policies. Donald Braman documents the profound economic and social consequences of the American policy of massive imprisonment of young African American males. He shows us the link between the broad-scale policy changes of recent decades and the isolation and stigma that these bring to family members who have a loved one in prison. If we want to understand fully the impact of current criminal justice policies, this book should be required reading."
-Mark Mauer, Assistant Director, The Sentencing Project

"Through compelling stories and thoughtful analysis, this book describes how our nation's punishment policies have caused incalculable damage to the fabric of family and community life. Anyone concerned about the future of urban America should read this book."
-Jeremy Travis, The Urban Institute


In the tradition of Elijah Anderson's Code of the Street and Katherine Newman's No Shame in My Game, this startling new ethnography by Donald Braman uncovers the other side of the incarceration saga: the little-told story of the effects of imprisonment on the prisoners' families.

Since 1970 the incarceration rate in the United States has more than tripled, and in many cities-urban centers such as Washington, D.C.-it has increased over five-fold. Today, one out of every ten adult black men in the District is in prison and three out of every four can expect to spend some time behind bars. But the numbers don't reveal what it's like for the children, wives, and parents of prisoners, or the subtle and not-so-subtle effects mass incarceration is having on life in the inner city.

Author Donald Braman shows that those doing time on the inside are having a ripple effect on the outside-reaching deep into the family and community life of urban America. Braman gives us the personal stories of what happens to the families and communities that prisoners are taken from and return to. Carefully documenting the effects of incarceration on the material and emotional lives of families, this groundbreaking ethnography reveals how criminal justice policies are furthering rather than abating the problem of social disorder. Braman also delivers a number of genuinely new arguments.

Among these is the compelling assertion that incarceration is holding offenders unaccountable to victims, communities, and families. The author gives the first detailed account of incarceration's corrosive effect on social capital in the inner city and describes in poignant detail how the stigma of prison pits family and community members against one another. Drawing on a series of powerful family portraits supported by extensive empirical data, Braman shines a light on the darker side of a system that is failing the very families and communities it seeks to protect.

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DOWN ON PARCHMAN FARM
THE GREAT PRISON IN THE MISSISSIPPI DELT
WILLIAM BANKS TAYLOR
The Ohio State University Press, 1999


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