Law Commons^™

The Mirror Image Of Asylums And Prisons, Sacha Raoult, Bernard E. Harcourt

Faculty Scholarship

This article analyzes trends in prison rates and mental hospital rates in France since the earliest available statistics. It shows that, on almost two centuries of data and amidst an agitated political history, every asylum trend in France is "countered" by an inverse prison trend, and vice-versa. Both trends are like a mirror image of each other. We reflect on the possible explanations for this intriguing fact and show that the most obvious ones (a population transfer or a building transfer) are not able to account for most of the relationship. After these explanations have been dismissed, we are left …

Ending Mass Incarceration: Some Observations And Responses To Professor Tonry, Gerard E. Lynch

Faculty Scholarship

We should all be grateful for Michael Tonry’s (2014, this issue) characteristically thoughtful article proposing 10 concrete steps to reduce the excessive reliance on incarceration in the United States. It would behoove legislatures and judges to think carefully about each of his proposals. The following remarks constitute an attempt to expand on some of his observations and offer a few cautionary notes about some of his proposals.

At the outset, however, it is important to note that I fully agree with the general premise of Tonry’s (2014) article, which is by now conventional wisdom among criminal law scholars and practitioners …

The Micro And Macro Causes Of Prison Growth, John F. Pfaff

Faculty Scholarship

No abstract provided.

Drug Law Reform—Retreating From An Incarceration Addiction, Robert G. Lawson

Law Faculty Scholarly Articles

Now, thirty years into the "war on drugs," views about the law's reliance on punishment to fix the drug problem are less conciliatory and more absolute: "[t]he notion that 'the drug war is a failure' has become the common wisdom in academic ... circles." Those who have most closely studied the results of the "war" believe that it has "accomplished little more than incarcerating hundreds of thousands of individuals whose only crime was the possession of drugs." More importantly, they believe that it has had little if any effect on the drug problem: "Despite the fact that the number of …

From The Asylum To The Prison: Rethinking The Incarceration Revolution, Bernard Harcourt

Faculty Scholarship

The incarceration revolution of the late twentieth century fueled ongoing research on the relationship between rates of incarceration and crime, unemployment, education, and other social indicators. In this research, the variable intended to capture the level of confinement in society was conceptualized and measured as the rate of incarceration in state and federal prisons and county jails. This, however, fails to take account of other equally important forms of confinement, especially commitment to mental hospitals and asylums.

When the data on mental hospitalization rates are combined with the data on imprisonment rates for the period 1928 through 2000, the incarceration …

Difficult Times In Kentucky Corrections—Aftershocks Of A "Tough On Crime" Philosophy, Robert G. Lawson

Law Faculty Scholarly Articles

The objective of this article is to cast some light on corrections system problems brought on by elevated (and possibly unnecessary) levels of incarceration, and especially on problems that trouble the Kentucky corrections system and threaten to undermine the effectiveness of the state's justice system. Part II describes how the country came to embrace sentencing policies and practices capable of producing "a penal system of a severity unmatched in the Western world.” Part III describes Kentucky's embrace of equally harsh sentencing policies and practices and the inmate population explosion that has occurred as a direct result of those policies and …

Gallery Of The Doomed: An Exploration Of Creative Endeavors By The Condemned, Roberta M. Harding

Law Faculty Scholarly Articles

This Article examines creative expressions produced by the death row faction of the incarcerated population. Looking at these works provide insights about what it means to live as a condemned person in our society, and about the people who occupy the death rows across our nation. After reviewing and analyzing a substantial amount of the enormous body of work of this genre, it became apparent that the condemned's creative endeavors reflect how they address and handle serious issues such as their executions and the ways spirituality influences their life. When the individual issues are examined, two general themes are evident: …

Biennial Report Of The State Board Of Prison Directors Of The State Of California, Fiscal Years 1921-1922, State Board Of Prison Directors

California Agencies

Report to the Governor from the State Board of Prison Directors. Includes reports for San Quentin and Folsom state prisons from the Warden, Turnkey, Captain of the Yard, Physician, Dentist, Chaplain, Parole Officer, License Clerk, Distributing Officer, and education. Some reports include photographs.

Biennial Report Of The State Board Of Prison Directors Of The State Of California, Fiscal Years 1919-1920, State Board Of Prison Directors

California Agencies

Report to the Governor from the State Board of Prison Directors. Includes reports for San Quentin and Folsom state prisons from the Warden, Turnkey, Captain of the Yard, Physician, Dentist, Chaplain, Parole Officer, License Clerk, Distributing Officer, and education. Some reports include photographs.

Biennial Report Of The State Board Of Prison Directors Of The State Of California, Fiscal Years 1917-1918, State Board Of Prison Directors

California Agencies

Report to the Governor from the State Board of Prison Directors. Includes reports for San Quentin and Folsom state prisons from the Warden, Turnkey, Captain of the Yard, Physician, Dentist, Chaplain, Parole Officer, License Clerk, Distributing Officer, and education. Some reports include photographs.

Biennial Report Of The State Board Of Prison Directors Of The State Of California, Fiscal Years 1914-1916, State Board Of Prison Directors

California Agencies

Report to the Governor from the State Board of Prison Directors. Includes reports for San Quentin and Folsom state prisons from the Warden, Turnkey, Captain of the Yard, Physician, Dentist, Chaplain, Parole Officer, License Clerk, Distributing Officer, and education. Some reports include photographs.

Biennial Report Of The State Board Of Prison Directors Of The State Of California, Fiscal Years 1910-1912, State Board Of Prison Directors

California Agencies

Report to the Governor from the State Board of Prison Directors. Includes reports for San Quentin and Folsom state prisons from the Warden, Turnkey, Captain of the Yard, Physician, Dentist, Chaplain, Parole Officer, License Clerk, Distributing Officer, and education. Some reports include photographs.

Biennial Report Of The State Board Of Prison Directors Of The State Of California, Fiscal Years 1909-1910, State Board Of Prison Directors

California Agencies

Report to the Governor from the State Board of Prison Directors. Includes reports for San Quentin and Folsom state prisons from the Warden, Turnkey, Captain of the Yard, Physician, Dentist, Chaplain, Parole Officer, License Clerk, Distributing Officer, and education.

Biennial Report Of The State Board Of Prison Directors Of The State Of California, Fiscal Years 1907-1908, State Board Of Prison Directors

California Agencies

Report to the Governor from the State Board of Prison Directors. Includes reports for San Quentin and Folsom state prisons from the Warden, Turnkey, Captain of the Yard, Physician, Dentist, Chaplain, Parole Officer, License Clerk, Distributing Officer, and education.

Biennial Report Of The State Board Of Prison Directors Of The State Of California, Fiscal Years 1902-1903 And 1903-1904, State Board Of Prison Directors

California Agencies

Report to the Governor from the State Board of Prison Directors. Includes reports for San Quentin and Folsom state prisons from the Warden, Turnkey, Captain of the Yard, Physician, Dentist, Chaplain, Parole Officer, License Clerk, Distributing Officer, and education.

Biennial Report Of The State Board Of Prison Directors Of The State Of California, Fiscal Years 1898-1899 And 1899-1900, State Board Of Prison Directors

California Agencies

Report to the Governor from the State Board of Prison Directors. Includes reports for San Quentin and Folsom state prisons from the Warden, Turnkey, Captain of the Yard, Physician, Dentist, Chaplain, Parole Officer, License Clerk, Distributing Officer, and education.

Biennial Report Of The State Board Of Prison Directors Of The State Of California, Fiscal Years 1893-1894, State Board Of Prison Directors

California Agencies

Report to the Governor from the State Board of Prison Directors. Includes reports for San Quentin and Folsom state prisons from the Warden, Turnkey, Captain of the Yard, Physician, Dentist, Chaplain, Parole Officer, License Clerk, Distributing Officer, and education.

Twelfth Annual Report Of The State Board Of Prison Directors Of The State Of California For The Forty-Second Fiscal Year, Ending June 30, 1891, State Board Of Prison Directors

California Agencies

Report to the Governor from the State Board of Prison Directors. Includes reports for San Quentin and Folsom state prisons from the Warden, Turnkey, Captain of the Yard, Physician, Dentist, Chaplain, Parole Officer, License Clerk, Distributing Officer, and education.