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Full-Text Articles in Law
The Thirteenth Amendment: Modern Slavery, Capitalism, And Mass Incarceration, Michele Goodwin
The Thirteenth Amendment: Modern Slavery, Capitalism, And Mass Incarceration, Michele Goodwin
Cornell Law Review
Slavery's preservation in the United State can-in part-be explained by its fluid transformations, which continuously exacted economic gains, preserved southern social order, and inured benefits to private parties as well as the state. These transformations did not outpace law. Rather, the rule of law in the south and lawlessness among local law enforcement frequently accommodated these transformations and innovations. Historically, efforts to stamp out the myriad forms of slavery-convict leasing, peonage, contract transfers, so-called "apprenticeships," and chain gangs-frequently fell short because of local collusion and complicity, weak federal interventions and protections, and violence. The specter of lynching, which included the …
Note: Decarceration In A Mass Incarceration State: The Road To Prison Abolition, Robert H. Ambrose
Note: Decarceration In A Mass Incarceration State: The Road To Prison Abolition, Robert H. Ambrose
Mitchell Hamline Law Review
No abstract provided.
Mass Incarceration Paradigm Shift?: Convergence In An Age Of Divergence, Mugambi Jouet
Mass Incarceration Paradigm Shift?: Convergence In An Age Of Divergence, Mugambi Jouet
Journal of Criminal Law and Criminology
The peculiar harshness of modern American justice has led to a vigorous scholarly debate about the roots of mass incarceration and its divergence from humanitarian sentencing norms prevalent in other Western democracies. Even though the United States reached virtually world-record imprisonment levels between 1983 and 2010, the Supreme Court never found a prison term to be “cruel and unusual punishment” under the Eighth Amendment. By countenancing extreme punishments with no equivalent elsewhere in the West, such as life sentences for petty recidivists, the Justices’ reasoning came to exemplify the exceptional nature of American justice. Many scholars concluded that punitiveness had …