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Despite 15 years of reform efforts, the incarceration rate in the
United States remains at an unprecedented high level. This book
provides the first comprehensive survey of these reforms and
explains why they have proven to be ineffective. After many decades
of stability, the imprisonment rate in the United States quintupled
between 1973 and 2003. Since then, nearly all states have adopted
multiple reforms intended to reduce imprisonment, but the U.S.
imprisonment rate has only decreased by a paltry two percent. Why
are American sentencing reforms since 2000 been largely
ineffective? Are tough mandatory minimum sentences for nonviolent
drug offenders the primary reason our prisons are always full? This
book offers a fascinating assessment of the wave of sentencing
reforms adopted by dozens of states as well as changes at the
federal level since 2000, identifying common themes among seemingly
disparate changes in sentencing policy and highlighting recent
reform efforts that have been more successful and may point the way
forward for the nation as a whole. In The Failed Promise of
Sentencing Reform, author Michael O'Hear exposes the myths that
American prison sentencing reforms enacted in the 21st century have
failed to have the expected effect because U.S. prisons are filled
to capacity with nonviolent drug offenders as a result of the "war
on drugs," and because of new laws that took away the discretion of
judges and corrections officials. O'Hear then makes a convincing
case for the real reason sentencing reforms have come up short:
because they exclude violent and sexual offenders, and because they
rely on the discretion of officials who still have every incentive
to be highly risk-averse. He also highlights how overlooking the
well-being of offenders and their families in our consideration of
sentencing reform has undermined efforts to effect real change.
Clearly identifies the real reasons that the wave of post-2000
sentencing reform has had minimal impact on reducing national
imprisonment rates Explains why reforms must target the excessive
sentences imposed on violent and sexual offenders, even though the
members of these offender groups are considered "justifiably
punished" by long prison terms in the public eye Enables readers to
understand why increased consideration for the well-being of
offenders and their families is likely a prerequisite to the
acceptance of more fundamental changes to the U.S. sentencing
system
Synthesizing the latest scholarship in law and the social sciences
on criminal sentencing and corrections, this book provides a
thorough, balanced, and accessible survey of the major policy
issues in these fields of persistent public interest and political
debate. After three decades of explosive growth, the American
incarceration rate is impracticably high. Drawing on leading
research in law and the social sciences, this book covers a range
of topics in sentencing and corrections in America in a manner that
is accessible and engaging for general readers. Tackling high-level
issues in the criminal justice system, it outlines the scale and
causes of mass incarceration in the United States. To complement
this, it details the roles and relative power of judges and
prosecutors, the severity of punishment for drug offenders and
white-collar offenders, the abuse of prisoners and the enforcement
of prisoner rights, and repeat offending by released prisoners. It
examines challenges that come with a high incarceration rate, such
as the management of mental illness in the criminal justice system,
the management of sex offenders, and the impact of parental
incarceration on children. Looking ahead, it considers prospects
for reducing current incarceration levels, the availability and
effectiveness of alternatives to incarceration, and the future of
capital punishment. Provides readers with an accessible
introduction to important, timely topics of public debate Maintains
a neutral, balanced perspective on a subject often a matter of
heated partisanship Reveals the subtle connections between
different aspects of the criminal justice system that are often
missed in policy discussions Synthesizes leading academic work in
law and the social sciences Provides a balanced assessment of the
strengths and weaknesses of significant reform proposals
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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