Mass Incarceration on Trial
A Remarkable Court Decision and the Future of Prisons in America
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- $17.99
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- $17.99
Publisher Description
For nearly forty years the United States has been gripped by policies that have placed more than 2.5 million Americans in jails and prisons designed to hold a fraction of that number of inmates. Our prisons are not only vast and overcrowded, they are degrading—relying on racist gangs, lockdowns, and Supermax-style segregation units to maintain a tenuous order.
Mass Incarceration on Trial examines a series of landmark decisions about prison conditions—culminating in Brown v. Plata, decided in May 2011 by the U.S. Supreme Court—that has opened an unexpected escape route from this trap of “tough on crime” politics. This set of rulings points toward values that could restore legitimate order to American prisons and, ultimately, lead to the demise of mass incarceration. Simon argues that much like the school segregation cases of the last century, these new cases represent a major breakthrough in jurisprudence—moving us from a hollowed-out vision of civil rights to the threshold of human rights and giving court backing for the argument that, because the conditions it creates are fundamentally cruel and unusual, mass incarceration is inherently unconstitutional.
Since the publication of Michelle Alexander's The New Jim Crow, states around the country have begun to question the fundamental fairness of our criminal justice system. This book offers a provocative and brilliant reading to the end of mass incarceration.
PUBLISHERS WEEKLY
UC Berkeley criminologist Simon (Governing Through Crime) offers an eloquent critique of the American prison system and uses several Supreme Court cases to examine the development of new jurisprudence that might end mass incarceration. His sketch of the history of mass incarceration attends to interlocking issues, such as racial politics, the upheavals of the 1960s, and media influence on public opinion. In his case studies, he focuses on the way decisions have addressed human rights violations arising from the prison system, from overcrowding, to the failure to reduce crime, to the torture of being incarcerated with a terminal illness. Simon's most striking contribution comes in the discussion of "dignity" as a concept in human rights law. He argues that making prisons more humane and effective requires a "dignity cascade," which will enshrine a basic notion of bodily integrity and decency in the edifice of law. Though the Eighth Amendment is often narrowly interpreted to prohibit only the most intentional torture, interpreting it to protect dignity would allow us to understand mass incarceration as inherently "cruel and unusual" because of the conditions it fosters. Simon's accessible and powerful book deserves widespread attention.
