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The Criminally Insane
A Community Follow-up of Mentally Ill Offenders
Terence Thornberry and Joseph E. Jacoby
University of Chicago Press, 1979
The Criminally Insane is the largest scale in-depth follow-up study on mentally ill criminals yet to appear. This book challenges the assumption that inmates of maximum-security mental hospitals are extraordinarily violent and questions the necessity for maintaining maximum-security institutions which currently house some 15,000 persons in the United States.

In 1971, 586 patients were released from a Pennsylvania maximum-security hospital for the criminally insane. They were not considered officially "cured," but a federal court held that their commitments had been unconstitutional. Through exhaustive examination of hospital and police records and interviews with hospital administrators and the subjects themselves, Thornberry and Jacoby assess the processes by which the patients had been retained in confinement, the impact of their release upon their communities, and their ability to adjust to the freedom of community life.

The authors demonstrate that the patients did not display a significant level of violent behavior during confinement, nor did they pose a major threat to society after release. In fact, their social and psychological adjustment to community life is shown to have been comparable to that of non-criminal mental patients. Yet despite these findings the subjects had been retained in maximum-security confinement for an average of fourteen years because they were predicted to be violent and "dangerous" to society. The authors explain this inaccuracy by a process called "political prediction," in which clinicians avoid any potential risks to the community, the reputation of their hospitals, and their careers by consistently overpredicting dangerous behavior.

The Criminally Insane will stimulate response from professionals in a wide variety of fields, including law, criminology, psychiatry, and sociology, and from anyone concerned with society's responsibility to the mentally ill offender.
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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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front cover of To Alcatraz, Death Row, and Back
To Alcatraz, Death Row, and Back
Memories of an East LA Outlaw
By Ernie López and Rafael Pérez-Torres
University of Texas Press, 2005

When Ernie López was a boy selling newspapers in Depression-era Los Angeles, his father beat him when he failed to bring home the expected eighty to ninety cents a day. When the beatings became unbearable, he took to petty stealing to make up the difference. As his thefts succeeded, Ernie's sense of necessity got tangled up with ambition and adventure. At thirteen, a joyride in a stolen car led to a sentence in California's harshest juvenile reformatory. The system's failure to show any mercy soon propelled López into a cycle of crime and incarceration that resulted in his spending decades in some of America's most notorious prisons, including four and a half years on death row for a murder López insists he did not commit.

To Alcatraz, Death Row, and Back is the personal life story of a man who refused to be broken by either an abusive father or an equally abusive criminal justice system. While López freely admits that "I've been no angel," his insider's account of daily life in Alcatraz and San Quentin graphically reveals the violence, arbitrary infliction of excessive punishment, and unending monotony that give rise to gang cultures within the prisons and practically insure that parolees will commit far worse crimes when they return to the streets. Rafael Pérez-Torres discusses how Ernie López's experiences typify the harsher treatment that ethnic and minority suspects often receive in the American criminal justice system, as well as how they reveal the indomitable resilience of Chicanos/as and their culture. As Pérez-Torres concludes, "López's story presents us with the voice of one who—though subjected to a system meant to destroy his soul—not only endured but survived, and in surviving prevailed."

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