Topic
Mass Incarceration
Posts
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ArticleVol. 104 · Iss. 1
Fiscally Restraining Criminal Lawmaking
Lawmakers face strong political incentives to criminalize ever more conduct and punish it more harshly, even when adding a new crime or increasing sentence…
Russell M. Gold & Leah Nelson -
CommentaryVol. 104 · Iss. 1
Beyond the Prison Wall: Refundable Fines as an Alternative to Incarceration
In this Commentary, we introduce the refundable fine, a novel mechanism designed to rehabilitate low- to mid-level first-time offenders and to improve the criminal…
Gideon Parchomovsky & Alex Stein -
ArticleVol. 101 · Iss. 6
Criminal Law Minimalisms
What is criminal law minimalism? At first blush, minimalism appears to be the sober and sensible cousin of abolition. Where the language of abolition…
Benjamin Levin -
ArticleVol. 101 · Iss. 6
Criminal Law’s Hidden Consensus
American criminal law is facing a crisis of meaning. In our mass incarceration era, most argue that we are prosecuting too many, too often,…
Steven Arrigg Koh -
ArticleVol. 101 · Iss. 6
In the Shadows of Suffering
Reform. Abolish. Minimize. Criminal law scholars broadly understand that we need to do *something* about our penal system and the problem of mass incarceration.…
Daniel S. Harawa -
ArticleVol. 101 · Iss. 6
Reviving Rehabilitation as a Decarceral Tool
After advocates argued that circumstances attendant to late adolescent offenders make them less culpable for their offenses and better disposed to rehabilitation, the Massachusetts…
Aliza Hochman Bloom -
ArticleVol. 101 · Iss. 6
What is Penal Minimalism?
How much and what kind of criminal justice do fair societies need? This question underlies many of the debates on the criminal legal system…
Máximo Langer -
Online2023
Lessons Learned in Prison
One way that I have tried to stay fresh as a teacher through the decades is to periodically force myself outside of my teaching…
Daniel Keating -
CommentaryVol. 99 · Iss. 4
Sentencing Co-Offenders
ABSTRACT Tort law and criminal law are the two main vehicles utilized by the state to deter wrongful behavior. Despite the many similarities between…
Ehud Guttel, Ittai Paldor & Gideon Parchomovsky -
ArticleVol. 99 · Iss. 2
The Just Prosecutor
Abstract As the most powerful actors in our criminal legal system, prosecutors have been and remain one of the principal drivers of mass incarceration.…
Brandon Hasbrouck -
ArticleVol. 99 · Iss. 1
Crime and the Mythology of Police
ABSTRACT The legal policing literature has espoused one theory of policing after another in an effort to address the frayed relationship between police and…
Shima Baradaran Baughman -
ArticleVol. 87 · Iss. 6
Rodrigo’s Portent: California and the Coming Neocolonial Order
Through the style of a fictional narrative, this paper demonstrates how colonialism is starting to supplant race as an organizing principle, enabling whites to…
Richard Delgado