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The Supreme Court's Role in Mass Incarceration (Paperback)
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The Supreme Court's Role in Mass Incarceration (Paperback)
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The Supreme Court's Role in Mass Incarceration illuminates the role
of the United States Supreme Court's criminal procedure revolution
as a contributing factor to the rise in U.S. incarceration rates.
Noting that the increase in mass incarceration began climbing just
after the Warren Court years and continued to climb for the next
four decades-despite the substantial decline in the crime rate-the
author posits that part of the explanation is the Court's failure
to understand that a trial system with robust rights for defendants
is not a strong trial system unless it is also reliable and
efficient. There have been many explanations offered for the sudden
and steep escalation in the U.S. incarceration rate, such as "it
was the war on drugs" to "it was our harsh sentencing statutes."
Those explanations have been shown to be inadequate. This book
contends that we have overlooked a more powerful force in the rise
of our incarceration rate-the long line of Supreme Court decisions,
starting in the Warren Court era, that made the criminal justice
system so complicated and expensive that it no longer serves to
protect defendants. For the vast majority of defendants, their
constitutional rights are irrelevant, as they are forced to accept
plea bargains or face the prospect of a comparatively harsh
sentence, if convicted. The prospect of a trial, once an important
restraint on prosecutors in charging, has disappeared and
plea-bargaining rules. This book is essential reading for both
graduate and undergraduate students in corrections and criminal
justice courses as well as judges, attorneys, and others working in
the criminal justice system.
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