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12 books match the query 'Sentences (Criminal procedure)'

cover of A Pound of Flesh: Monetary Sanctions as Punishment for the Poor

A Pound of Flesh

Monetary Sanctions as Punishment for the Poor

Alexes Harris

Russell Sage Foundation, 2016

Over seven million Americans are either incarcerated, on probation, or on parole, with their criminal records often following them for life and affecting access to higher education, jobs, and housing. Court-ordered monetary sanctions that compel criminal defendants to pay fines, fees, surcharges, and restitution further inhibit their ability to reenter society. In A Pound of Flesh, sociologist Alexes Harris analyzes the rise of monetary sanctions in the criminal justice system and shows how they permanently penalize and marginalize the poor. She exposes the damaging effects of a little-understood component of criminal sentencing and shows how it further perpetuates racial and economic inequality.

Harris draws from extensive sentencing data, legal documents, observations of court hearings, and interviews with defendants, judges, prosecutors, and other court officials. She documents how low-income defendants are affected by monetary sanctions, which include fees for public defenders and a variety of processing charges. Until these debts are paid in full, individuals remain under judicial supervision, subject to court summons, warrants, and jail stays. As a result of interest and surcharges that accumulate on unpaid financial penalties, these monetary sanctions often become insurmountable legal debts which many offenders carry for the remainder of their lives. Harris finds that such fiscal sentences, which are imposed disproportionately on low-income minorities, help create a permanent economic underclass and deepen social stratification.

A Pound of Flesh delves into the court practices of five counties in Washington State to illustrate the ways in which subjective sentencing shapes the practice of monetary sanctions. Judges and court clerks hold a considerable degree of discretion in the sentencing and monitoring of monetary sanctions and rely on individual values—such as personal responsibility, meritocracy, and paternalism—to determine how much and when offenders should pay. Harris shows that monetary sanctions are imposed at different rates across jurisdictions, with little or no state government oversight. Local officials’ reliance on their own values and beliefs can also push offenders further into debt—for example, when judges charge defendants who lack the means to pay their fines with contempt of court and penalize them with additional fines or jail time.

A Pound of Flesh provides a timely examination of how monetary sanctions permanently bind poor offenders to the judicial system. Harris concludes that in letting monetary sanctions go unchecked, we have created a two-tiered legal system that imposes additional burdens on already-marginalized groups.

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cover of Crime and Justice, Volume 44: A Review of Research

Crime and Justice, Volume 44

A Review of Research

Edited by Michael Tonry

University of Chicago Press Journals, 2015

Volume 44 of Crime and Justice is essential reading for scholars, policy makers, and practitioners who need to know about the latest advances in knowledge concerning crime, its causes, and its control. Contents include Robert D. Crutchfield on the complex interactions among race, social class, and crime; Cassia Spohn on race, crime, and punishment in America; Marianne van Ooijen and Edward Kleemans on the “Dutch model” of drug policy; Beau Kilmer, Peter Reuter, and Luca Giommoni on cross-national and comparative knowledge about drug use and control drugs; Michael Tonry on federal sentencing policy since 1984; Kathryn Monahan, Laurence Steinberg, and Alex R. Piquero on the growing influence of bioscience and developmental psychology on juvenile justice policy and practice; Cheryl Lero Jonson and Francis T. Cullen on prisoner reentry programs; James P. Lynch and Lynn A. Addington on cultural changes in tolerance of violence amd their  effects on crime statistics; Brandon C. Welsh, David P. Farrington, and B. Raffan Gowar on benefit-cost analysis of crime prevention; Torbjorn Skardhamar, Jukka Savolainen, Kjersti N. Aase, and Torkild H. Lyngstad  on the effects of marriage on criminality; and John MacDonald on the effects on crime rates and patterns of urban design and development.
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cover of Crime and Justice, Volume 45: Sentencing Policies and Practices in Western Countries: Comparative and Cross-National Perspectives

Crime and Justice, Volume 45

Sentencing Policies and Practices in Western Countries: Comparative and Cross-National Perspectives

Edited by Michael Tonry

University of Chicago Press Journals, 2016

Sentencing Policies and Practices in Western Countries: Comparative and Cross-national Perspectives is the forty-fifth addition to the Crime and Justice series. Contributors include Thomas Weigend on criminal sentencing in Germany since 2000; Julian V. Roberts and Andrew Ashworth on the evolution of sentencing policy and practice in England and Wales from 2003 to 2015; Jacqueline Hodgson and Laurène Soubise on understanding the sentencing process in France; Anthony N. Doob and Cheryl Marie Webster on Canadian sentencing policy in the twenty-first century; Arie Freiberg on Australian sentencing policies and practices; Krzysztof Krajewski on sentencing in Poland; Alessandro Corda on Italian policies; Michael Tonry on American sentencing; and Tapio Lappi-Seppälä on penal policy and sentencing in the Nordic countries.
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cover of Crime and Justice, Volume 48: American Sentencing

Crime and Justice, Volume 48

American Sentencing

Edited by Michael Tonry

University of Chicago Press Journals, 2019

American Sentencing provides an up-to-date and comprehensive overview of efforts in the state and the federal systems to make sentencing fairer, reduce overuse of imprisonment, and help offenders live law-abiding lives. It addresses a variety of topics and themes related to sentencing and reform, including racial disparities, violence prediction, plea negotiation, case processing, federal and state guidelines, California’s historic “realignment,” and more.
 
This volume covers what students, scholars, practitioners, and policy makers need to know about how sentencing really works, what a half century’s “reforms” have and have not accomplished, how sentencing processes can be made fairer, and how sentencing outcomes can be made more just. Its writers are among America’s leading scholarly specialists—often the leading specialist—in their fields.
 
Clearly and accessibly written, American Sentencing is ideal for teaching use in seminars and courses on sentencing, courts, and criminal justice. Its authors’ diverse perspectives shed light on these issues, making it likely the single, most authoritative source of information on the state of sentencing in America today.
 
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cover of Cutting Life Short: A Second Look at Life Sentences

Cutting Life Short

A Second Look at Life Sentences

Dan Fetsco

University of Wyoming Press, 2026

Cutting Life Short challenges the idea that people who commit murder or other serious crimes are incapable of rehabilitation. The book tracks the growing population of people serving life in Wyoming and the US and explores research that indicates that much of the public, including victims of violent crime, support second chances for people who are serving excessive sentences.

Just over 200,000 Americans are now serving life sentences—more than the entire US prison population in 1970—in a cruel and fiscally irresponsible system, even though many inmates have demonstrated sustained rehabilitation over decades. Through individual case studies of Wyoming inmates, ranging from those who deserve release to rare cases like Matthew Shepard’s killer, who should remain imprisoned, the book explores themes of punishment, redemption, and justice reform while examining issues like prosecutorial misconduct, three-strike penalties, and restorative justice programs. Cases include the stories of Darla Rouse (one of Wyoming’s few commutation recipients), Russell Harrison (who claims he had an early release deal), and James Koester (whose investigating detective became his advocate). Drawing from a decade of experience on the Wyoming parole board, where he witnessed hundreds of rehabilitated inmates denied release despite widespread support from corrections officials and sometimes even victims, author Daniel Fetsco advocates creating systematic review processes for lengthy sentences that remove elected officials from clemency decisions, alongside broader reforms like restoring voting rights for former felons and promoting responsible crime reporting over fear-mongering sensationalism.

This forward-looking book argues that most of the people sentenced to life in prison can be, and should have been, safely released into the community and offers recommendations to help alleviate the problems associated with life sentences in Wyoming and across the US criminal justice system. It is of significance to students, scholars, professionals, and the general public invested in law, criminal justice and social justice.

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cover of Fear of Judging: Sentencing Guidelines in the Federal Courts

Fear of Judging

Sentencing Guidelines in the Federal Courts

Kate Stith and José A. Cabranes

University of Chicago Press, 1998

For two centuries, federal judges exercised wide discretion in criminal sentencing. This changed in 1987, when a hopelessly complex bureaucratic apparatus was imposed on the federal courts. Though termed Sentencing "Guidelines," the new sentencing rules are mandatory. Reformers hoped that the Sentencing Guidelines would address inequities in sentencing. The Guidelines have failed to achieve this goal, according to Kate Stith and José Cabranes, and they have sacrificed comprehensibility and common sense.

Fear of Judging is the first full-scale history, analysis, and critique of the new sentencing regime. The authors show that the present system has burdened the courts, dehumanized the sentencing process, and, by repressing judicial discretion, eroded the constitutional balance of powers. Eschewing ideological or politically oriented critiques of the Guidelines and offering alternatives to the current system, Stith and Cabranes defend a vision of justice that requires judges to perform what has traditionally been considered their central task—exercising judgment.
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cover of Hard Bargains: The Coercive Power of Drug Laws in Federal Court

Hard Bargains

The Coercive Power of Drug Laws in Federal Court

Mona Lynch

Russell Sage Foundation, 2016

The convergence of tough-on-crime politics, stiffer sentencing laws, and jurisdictional expansion in the 1970s and 1980s increased the powers of federal prosecutors in unprecedented ways. In Hard Bargains, social psychologist Mona Lynch investigates the increased power of these prosecutors in our age of mass incarceration. Lynch documents how prosecutors use punitive federal drug laws to coerce guilty pleas and obtain long prison sentences for defendants—particularly those who are African American— and exposes deep injustices in the federal courts.
 
As a result of the War on Drugs, the number of drug cases prosecuted each year in federal courts has increased fivefold since 1980. Lynch goes behind the scenes in three federal court districts and finds that federal prosecutors have considerable discretion in adjudicating these cases. Federal drug laws are wielded differently in each district, but with such force to overwhelm defendants’ ability to assert their rights.  For drug defendants with prior convictions, the stakes are even higher since prosecutors can file charges that incur lengthy prison sentences—including life in prison without parole. Through extensive field research, Lynch finds that prosecutors frequently use the threat of extremely severe sentences to compel defendants to plead guilty rather than go to trial and risk much harsher punishment. Lynch also shows that the highly discretionary ways in which federal prosecutors work with law enforcement have led to significant racial disparities in federal courts. For instance, most federal charges for crack cocaine offenses are brought against African Americans even though whites are more likely to use crack. In addition, Latinos are increasingly entering the federal system as a result of aggressive immigration crackdowns that also target illicit drugs.
 
Hard Bargains provides an incisive and revealing look at how legal reforms over the last five decades have shifted excessive authority to federal prosecutors, resulting in the erosion of defendants’ rights and extreme sentences for those convicted. Lynch proposes a broad overhaul of the federal criminal justice system to restore the balance of power and retreat from the punitive indulgences of the War on Drugs.
 
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cover of Implicating the System: Judicial Discourses in Sentencing of Indigenous Women

Implicating the System

Judicial Discourses in Sentencing of Indigenous Women

Elspeth Kaiser-Derrick

University of Manitoba Press, 2019

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cover of Lost Causes: Blended Sentencing, Second Chances, and the Texas Youth Commission

Lost Causes

Blended Sentencing, Second Chances, and the Texas Youth Commission

By Chad R. Trulson, Darin R. Haerle, Jonathan W. Caudill, and Matt DeLisi<br>Foreword by James W. Marquart

University of Texas Press, 2016

What should be done with minors who kill, maim, defile, and destroy the lives of others? The state of Texas deals with some of its most serious and violent youthful offenders through “determinate sentencing,” a unique sentencing structure that blends parts of the juvenile and adult justice systems. Once adjudicated via determinate sentencing, offenders are first incarcerated in the Texas Youth Commission (TYC). As they approach age eighteen, they are either transferred to the Texas prison system to serve the remainder of their original determinate sentence or released from TYC into Texas’s communities.

The first long-term study of determinate sentencing in Texas, Lost Causes examines the social and delinquent histories, institutionalization experiences, and release and recidivism outcomes of more than 3,000 serious and violent juvenile offenders who received such sentences between 1987 and 2011. The authors seek to understand the process, outcomes, and consequences of determinate sentencing, which gave serious and violent juvenile offenders one more chance to redeem themselves or to solidify their place as the next generation of adult prisoners in Texas. The book’s findings—that about 70 percent of offenders are released to the community during their most crime-prone years instead of being transferred to the Texas prison system and that about half of those released continue to reoffend for serious crimes—make Lost Causes crucial reading for all students and practitioners of juvenile and criminal justice.

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cover of Sentencing in Time

Sentencing in Time

Linda Ross Meyer

Amherst College Press, 2017

Exactly how is it we think the ends of justice are accomplished by sentencing someone to a term in prison? How do we relate a quantitative measure of time—months and years—to the objectives of deterring crime, punishing wrongdoers, and accomplishing justice for those touched by a criminal act? Linda Ross Meyer investigates these questions, examining the disconnect between our two basic modes of thinking about time—chronologically (seconds, minutes, hours), or phenomenologically (observing, taking note of, or being aware of the passing of time). In Sentencing in Time, Meyer asks whether—in overlooking the irreconcilability of these two modes of thinking about time—we are failing to accomplish the ends we believe the criminal justice system is designed to serve. Drawing on work in philosophy, legal theory, jurisprudence, and the history of penology, Meyer explores how, rather than condemning prisoners to an experience of time bereft of meaning, we might instead make the experience of incarceration constructively meaningful—and thus better aligned with social objectives of deterring crime, reforming offenders, and restoring justice.
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cover of Sentencing without Guidelines

Sentencing without Guidelines

Rhys Hester

Temple University Press, 2024

Sentencing matters. Reform initiatives hope to impart more uniformity and fairness in sentencing. Tough-on-crime laws like “three strikes” and mandatory minimum provisions deprive judges of sentencing discretion. While sentencing guidelines have been adopted by approximately 20 states since the early 1980s, many judges operate without guidelines.

Sentencing without Guidelines is Rhys Hester’s deep dive into how South Carolina, which never passed sentencing guideline legislation, nonetheless created meaningful punishment reform. It achieved uniformity in sentencing with a traveling circuit of judges, informal norms among judges, and the unique phenomenon of the “Plea Judge” to manage cases.

Hester examines how prior convictions, race, and geographical differences impact sentences to explain why individuals get the criminal sentences they do. He also explores how legal reform mechanisms can influence punishment goals and policy. Sentencing without Guidelines shows the benefits and drawbacks South Carolina experienced as it met sentencing reform goals. These lessons can be translated into policy for other jurisdictions.
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cover of Wisconsin Sentencing in the Tough-on-Crime Era: How Judges Retained Power and Why Mass Incarceration Happened Anyway

Wisconsin Sentencing in the Tough-on-Crime Era

How Judges Retained Power and Why Mass Incarceration Happened Anyway

Michael O'Hear

University of Wisconsin Press, 2021

The dramatic increase in U.S. prison populations since the 1970s is often blamed on the mandatory sentencing required by "three strikes" laws and other punitive crime bills. Michael O'Hear shows that the blame is actually not so easily assigned. His meticulous analysis of incarceration in Wisconsin—a state where judges have considerable discretion in sentencing—explores the reasons why the prison population has ballooned nearly tenfold over the past forty years.

O'Hear tracks the effects of sentencing laws and politics in Wisconsin from the eve of the imprisonment boom in 1970 up to the 2010s. Drawing on archival research, original public-opinion polling, and interviews with dozens of key policymakers, he reveals important dimensions that have been missed by others. He draws out lessons from the Wisconsin experience for the United States as a whole, where mass incarceration has cost taxpayers billions of dollars and caused untold misery to millions of inmates and their families.
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