Mass incarceration and its "causes" -- The risks of constitutional rule-making -- The federal system, state systems, and Miranda -- The vanishing trial and mass incarceration -- Must fair trials be jury trials? -- The shift from indeterminate sentences to determinate sentences -- Plea bargaining in the U.S. : coercing guilty pleas -- The Supreme Court : uncertain on proportionality...endorsing deterrence -- U.S. sentencing chaos and the emergence of sentencing guidelines systems -- The Supreme Court : an obstacle to reform -- extreme adversarialism, muted adversarialism, and the slow death of trials -- Where do we go from here?
Summary:
"The Supreme Court's Role in Mass Incarceration illuminates the role of the United States Supreme Court's criminal procedure revolution as a contributing factor to the rise in U.S. incarceration rates. Noting that the increase in mass incarceration began climbing just after the Warren Court years and the rate kept climbing for the next four decades despite the fact that the crime rate declined substantially, the author posits that part of the explanation is the Court's failure to understand that a trial system with robust rights for defendants is not a strong trial system unless it is also reliable and efficient. There have been many explanations offered for the sudden and steep escalation in the U.S. incarceration rate, ranging from the war on drugs to harsh sentencing statutes, and more. This book gives the reader a unique position from which to counter the problem of the high rate of incarceration by showing that when a trial system becomes too complicated and expensive, it no longer serves to protect defendants. For the vast majority of defendants, their constitutional rights are irrelevant as they are forced to accept plea bargains or face the prospect of a comparatively harsh sentences if convicted. This book is essential reading for both graduate and undergraduate students in corrections and criminal justice courses as well as judges, attorneys, and others working in the criminal justice system"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.