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Full-Text Articles in Law
Policing Criminal Justice Data, Wayne A. Logan, Andrew Guthrie Ferguson
Policing Criminal Justice Data, Wayne A. Logan, Andrew Guthrie Ferguson
Scholarly Publications
No abstract provided.
Fixing Bail, Samuel R. Wiseman
Fixing Bail, Samuel R. Wiseman
Scholarly Publications
A large portion of the jail population consists of criminal defendants whose guilt has yet to be established. A growing number of states have attempted to reduce jail populations in light of budget concerns, and many federal and state statutes already direct judges to detain defendants only if alternative conditions will not protect society or prevent pretrial flight. Despite these legislative directives, judges continue to jail too many defendants pretrial. Indeed, although statutes often direct judges not to impose financial conditions leading to detention, many pretrial detainees are in jail because they could not afford the bond set by a …
Incarceration Incentives In The Decarceration Era, Avlana Eisenberg
Incarceration Incentives In The Decarceration Era, Avlana Eisenberg
Scholarly Publications
After forty years of skyrocketing incarceration rates, there are signs that a new “decarceration era” may be dawning; the prison population has leveled off and even slightly declined. Yet, while each branch of government has taken steps to reduce the prison population, the preceding decades of mass incarceration have empowered interest groups that contributed to the expansion of the prison industry and are now invested in its continued growth. These groups, which include public correctional officers and private prison management, resist decarceration-era policies, and they remain a substantial obstacle to reform.
This Article scrutinizes the incentives of these industry stakeholders …