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Full-Text Articles in Law
Testing Orthodox Utilitarian And Extrajudical Determinants Of Incarceration In The U.S. At The State-Level, 1980-2005, Pavel V. Vasiliev
Testing Orthodox Utilitarian And Extrajudical Determinants Of Incarceration In The U.S. At The State-Level, 1980-2005, Pavel V. Vasiliev
UNLV Theses, Dissertations, Professional Papers, and Capstones
This project is a theory-driven secondary data analysis of state-level incarceration trends in the U.S. between 1980 and 2005. I replicate and advance Smith's (2004) study of the relationship between the socioeconomic, demographic, political, electoral, and criminal justice factors and incarceration rates at the state level. The purpose of this project is to determine the empirical validity of the major explanations of the incarceration trends in the U.S. I advance Smith's (2004) study using important novel elements. First, I extend the scrutinized historic period by a decade by compiling time-series data for 1980-2005. Second, I employ a more sophisticated analytic …
Criminal Justice, Local Democracy, And Constitutional Rights, Stephen J. Schulhofer
Criminal Justice, Local Democracy, And Constitutional Rights, Stephen J. Schulhofer
Michigan Law Review
Universally admired, and viewed with great affection, even love, by all who knew him, Harvard law professor Bill Stuntz died in March 2011 at the age of fifty-two, after a long, courageous battle with debilitating back pain and then insurmountable cancer. In a career that deserved to be much longer, Stuntz produced dozens of major articles on criminal law and procedure. He was a leader in carrying forward the work of scholars who had analyzed criminal justice through the lens of economic analysis, and he added his own distinctive dimension by insisting on the importance of political incentives, with their …
Waylaid By A Metaphor: A Deeply Problematic Account Of Prison Growth, John F. Pfaff
Waylaid By A Metaphor: A Deeply Problematic Account Of Prison Growth, John F. Pfaff
Michigan Law Review
The incarceration rate in the United States has undergone an unprecedented surge since the 1970s. Between 1925 and 1975, the U.S. incarceration rate hovered around 100 per 100,000. Since then, that rate soared to 504 in 2009, dropping only slightly to 500 in 2010. In absolute numbers, the U.S. prison population grew from 241,000 in 1975 to 1.55 million in 2010. Not just exceptional by historical standards, this boom is unparalleled globally: the United States has the highest incarceration rate in the world. Despite having just 5 percent of the world's population, it houses nearly 25 percent of the world's …
Incarceration American-Style, Sharon Dolovich
Incarceration American-Style, Sharon Dolovich
Sharon Dolovich
In the United States today, incarceration is more than just a mode of criminal punishment. It is a distinct cultural practice with its own aesthetic and technique, a practice that has emerged in recent decades as a catch-all mechanism for managing social ills. In this essay, I argue that this emergent carceral system has become self-generating—that American-style incarceration, through the conditions it inflicts, produces the very conduct society claims to abhor and thereby guarantees a steady supply of offenders whose incarceration the public will continue to demand. I argue, moreover, that this reproductive process works to create a class of …