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Criminal Law

Fordham Law School

Incarceration

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Full-Text Articles in Law

Decarceration’S Blindspots, John F. Pfaff Jan 2019

Decarceration’S Blindspots, John F. Pfaff

Faculty Scholarship

For over a decade, my research has focused on trying to answer one simple question: how did the United States, home to about 5% of the world’s population, come to house nearly 25% of its prisoners?1 We were not always the world’s largest jailer; as recently as the 1970s, our incarceration rate was largely indistinguishable from those in other liberal democracies. Yet starting in the mid-1970s, as Figure 1 shows, that rate started to slowly—but steadily and relentlessly—grow, until by the late 2000s it rivaled and then surpassed even the rates seen in autocratic countries like Cuba and Belarus and …


The High Cost Of Juvenile Justice, Diane Ridley Gatewood Jan 1993

The High Cost Of Juvenile Justice, Diane Ridley Gatewood

Fordham Urban Law Journal

This Essay will discuss the high cost of incarcerating substantial numbers of minority juveniles and will advocate alternatives to detention. The author discusses how minority youth are disproportionately affected at multiple stages of the criminal justice process: arrests, detentions, adjudication, and disposition. The Essay further discusses the increased use of the prison system for juveniles. The Essay concludes with several recommendations for how minority youth can be treated more fairly within the system and recommends alternatives to incarceration.