The Supreme Courts Role In Mass Incarceration

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The Supreme Court’s Role in Mass Incarceration

Author : William T. Pizzi
Publisher : Routledge
ISBN 13 : 1000180468
Total Pages : 314 pages
Book Rating : 4.0/5 (1 download)

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Book Synopsis The Supreme Court’s Role in Mass Incarceration by : William T. Pizzi

Download or read book The Supreme Court’s Role in Mass Incarceration written by William T. Pizzi and published by Routledge. This book was released on 2020-09-17 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 continued to climb for the next four decades—despite the substantial decline in the crime rate—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, such as "it was the war on drugs" to "it was our harsh sentencing statutes." Those explanations have been shown to be inadequate. This book contends that we have overlooked a more powerful force in the rise of our incarceration rate—the long line of Supreme Court decisions, starting in the Warren Court era, that made the criminal justice system so complicated and expensive that 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 sentence, if convicted. The prospect of a trial, once an important restraint on prosecutors in charging, has disappeared and plea-bargaining rules. 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.

Mass Incarceration on Trial

Author : Jonathan Simon
Publisher : The New Press
ISBN 13 : 1595587691
Total Pages : 226 pages
Book Rating : 4.5/5 (955 download)

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Book Synopsis Mass Incarceration on Trial by : Jonathan Simon

Download or read book Mass Incarceration on Trial written by Jonathan Simon and published by The New Press. This book was released on 2014 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. This book offers a provocative and brilliant reading to the end of mass incarceration.

Justice Abandoned

Author : Rachel Elise Barkow
Publisher : Harvard University Press
ISBN 13 : 0674298934
Total Pages : 0 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Justice Abandoned by : Rachel Elise Barkow

Download or read book Justice Abandoned written by Rachel Elise Barkow and published by Harvard University Press. This book was released on 2025-03-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An influential legal scholar argues that the Supreme Court played a pivotal role in the rise of mass incarceration in America. With less than 5 percent of the world’s population and almost a quarter of its prisoners, America indisputably has a mass incarceration problem. How did it happen? Tough-on-crime politics and a racially loaded drug war are obvious and important culprits, but another factor has received remarkably little attention: the Supreme Court. The Constitution contains numerous safeguards that check the state’s power to lock people away. Yet since the 1960s the Supreme Court has repeatedly disregarded these limits, bowing instead to unfounded claims that adherence to the Constitution is incompatible with public safety. In Justice Abandoned, Rachel Barkow highlights six Supreme Court decisions that paved the way for mass incarceration. These rulings have been crucial to the meteoric rise in pretrial detention and coercive plea bargaining. They have enabled disproportionate sentencing and overcrowded prison conditions. And they have sanctioned innumerable police stops and widespread racial discrimination. If the Court were committed to protecting constitutional rights and followed its standard methods of interpretation, none of these cases would have been decided as they were, and punishment in America would look very different than it does today. More than just an autopsy of the Supreme Court’s errors, Justice Abandoned offers a roadmap for change. Barkow shows that the originalist methodology adopted by the majority of the current Court demands overturning the unconstitutional policies underlying mass incarceration. If the justices genuinely believe in upholding the Constitution in all cases, then they have little choice but to reverse the wrongly decided precedents that have failed so many Americans.

Incarceration and the Law, Cases and Materials

Author : Margo Schlanger
Publisher : West Academic Publishing
ISBN 13 : 9781683287964
Total Pages : 1071 pages
Book Rating : 4.2/5 (879 download)

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Book Synopsis Incarceration and the Law, Cases and Materials by : Margo Schlanger

Download or read book Incarceration and the Law, Cases and Materials written by Margo Schlanger and published by West Academic Publishing. This book was released on 2020-05-29 with total page 1071 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the age of American mass incarceration, a complex legal regime governs prison conditions and presents a host of controversial questions at the intersection of constitutional liberty, statutory interpretation, administrative regulation, and public policy. This is a completely overhauled, re-titled, and much-expanded version of the leading casebook about incarceration. It addresses both pretrial and post-conviction incarceration, presenting Supreme Court and leading lower court case law, statutes, litigation materials, professional standards, academic commentary, and prisoner writing. Topics include conditions of confinement, civil liberties, particular prisoner populations and relevant legal issues (race and national origin discrimination, the particular issues/law governing treatment of incarcerated women, LGBTQ people, and people with disabilities). Litigated remedies (injunctive litigation, damages, the Prison Litigation Reform Act, and criminal prosecution of prison staff), are also covered in detail, as is non-litigation oversight. The casebook is supplemented by an open-access website that offers additional resources and sources for further reading.

Justice Abandoned

Author : Rachel E Barkow
Publisher :
ISBN 13 : 9780674298927
Total Pages : 0 pages
Book Rating : 4.2/5 (989 download)

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Book Synopsis Justice Abandoned by : Rachel E Barkow

Download or read book Justice Abandoned written by Rachel E Barkow and published by . This book was released on 2025-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The New Jim Crow

Author : Michelle Alexander
Publisher : The New Press
ISBN 13 : 1620971941
Total Pages : 434 pages
Book Rating : 4.6/5 (29 download)

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Book Synopsis The New Jim Crow by : Michelle Alexander

Download or read book The New Jim Crow written by Michelle Alexander and published by The New Press. This book was released on 2020-01-07 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Named one of the most important nonfiction books of the 21st century by Entertainment Weekly‚ Slate‚ Chronicle of Higher Education‚ Literary Hub, Book Riot‚ and Zora A tenth-anniversary edition of the iconic bestseller—"one of the most influential books of the past 20 years," according to the Chronicle of Higher Education—with a new preface by the author "It is in no small part thanks to Alexander's account that civil rights organizations such as Black Lives Matter have focused so much of their energy on the criminal justice system." —Adam Shatz, London Review of Books Seldom does a book have the impact of Michelle Alexander's The New Jim Crow. Since it was first published in 2010, it has been cited in judicial decisions and has been adopted in campus-wide and community-wide reads; it helped inspire the creation of the Marshall Project and the new $100 million Art for Justice Fund; it has been the winner of numerous prizes, including the prestigious NAACP Image Award; and it has spent nearly 250 weeks on the New York Times bestseller list. Most important of all, it has spawned a whole generation of criminal justice reform activists and organizations motivated by Michelle Alexander's unforgettable argument that "we have not ended racial caste in America; we have merely redesigned it." As the Birmingham News proclaimed, it is "undoubtedly the most important book published in this century about the U.S." Now, ten years after it was first published, The New Press is proud to issue a tenth-anniversary edition with a new preface by Michelle Alexander that discusses the impact the book has had and the state of the criminal justice reform movement today.

Prisoners of Politics

Author : Rachel Elise Barkow
Publisher : Harvard University Press
ISBN 13 : 0674919238
Total Pages : 305 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Prisoners of Politics by : Rachel Elise Barkow

Download or read book Prisoners of Politics written by Rachel Elise Barkow and published by Harvard University Press. This book was released on 2019-03-04 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: America’s criminal justice system reflects irrational fears stoked by politicians seeking to win election. Pointing to specific policies that are morally problematic and have failed to end the cycle of recidivism, Rachel Barkow argues that reform guided by evidence, not politics and emotions, will reduce crime and reverse mass incarceration.

The Growth of Incarceration in the United States

Author : Committee on Causes and Consequences of High Rates of Incarceration
Publisher : National Academies Press
ISBN 13 : 9780309298018
Total Pages : 800 pages
Book Rating : 4.2/5 (98 download)

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Book Synopsis The Growth of Incarceration in the United States by : Committee on Causes and Consequences of High Rates of Incarceration

Download or read book The Growth of Incarceration in the United States written by Committee on Causes and Consequences of High Rates of Incarceration and published by National Academies Press. This book was released on 2014-12-31 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: After decades of stability from the 1920s to the early 1970s, the rate of imprisonment in the United States has increased fivefold during the last four decades. The U.S. penal population of 2.2 million adults is by far the largest in the world. Just under one-quarter of the world's prisoners are held in American prisons. The U.S. rate of incarceration, with nearly 1 out of every 100 adults in prison or jail, is 5 to 10 times higher than the rates in Western Europe and other democracies. The U.S. prison population is largely drawn from the most disadvantaged part of the nation's population: mostly men under age 40, disproportionately minority, and poorly educated. Prisoners often carry additional deficits of drug and alcohol addictions, mental and physical illnesses, and lack of work preparation or experience. The growth of incarceration in the United States during four decades has prompted numerous critiques and a growing body of scientific knowledge about what prompted the rise and what its consequences have been for the people imprisoned, their families and communities, and for U.S. society. The Growth of Incarceration in the United States examines research and analysis of the dramatic rise of incarceration rates and its affects. This study makes the case that the United States has gone far past the point where the numbers of people in prison can be justified by social benefits and has reached a level where these high rates of incarceration themselves constitute a source of injustice and social harm. The Growth of Incarceration in the United States examines policy changes that created an increasingly punitive political climate and offers specific policy advice in sentencing policy, prison policy, and social policy. The report also identifies important research questions that must be answered to provide a firmer basis for policy. This report is a call for change in the way society views criminals, punishment, and prison. This landmark study assesses the evidence and its implications for public policy to inform an extensive and thoughtful public debate about and reconsideration of policies.

The Machinery of Criminal Justice

Author : Stephanos Bibas
Publisher : Oxford University Press
ISBN 13 : 0190236760
Total Pages : 320 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis The Machinery of Criminal Justice by : Stephanos Bibas

Download or read book The Machinery of Criminal Justice written by Stephanos Bibas and published by Oxford University Press. This book was released on 2012-02-28 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys the developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. Ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.

Justice Abandoned

Author : Rachel Elise Barkow
Publisher :
ISBN 13 : 9780674294226
Total Pages : 0 pages
Book Rating : 4.2/5 (942 download)

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Book Synopsis Justice Abandoned by : Rachel Elise Barkow

Download or read book Justice Abandoned written by Rachel Elise Barkow and published by . This book was released on 2025-03-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1960s, the Supreme Court has enabled mass incarceration through rulings that violate constitutional curbs on pretrial detention, coercive plea bargaining, excessive sentences, and other forms of state overreach. Detailing their flaws, Rachel Barkow argues that a Court committed to constitutional rights must overturn these precedents.

The New Criminal Justice Thinking

Author : Sharon Dolovich
Publisher : NYU Press
ISBN 13 : 1479868612
Total Pages : 356 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis The New Criminal Justice Thinking by : Sharon Dolovich

Download or read book The New Criminal Justice Thinking written by Sharon Dolovich and published by NYU Press. This book was released on 2018-11-06 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: A vital collection for reforming criminal justice After five decades of punitive expansion, the entire U.S. criminal justice system— mass incarceration, the War on Drugs, police practices, the treatment of juveniles and the mentally ill, glaring racial disparity, the death penalty and more — faces challenging questions. What exactly is criminal justice? How much of it is a system of law and how much is a collection of situational social practices? What roles do the Constitution and the Supreme Court play? How do race and gender shape outcomes? How does change happen, and what changes or adaptations should be pursued? The New Criminal Justice Thinking addresses the challenges of this historic moment by asking essential theoretical and practical questions about how the criminal system operates. In this thorough and thoughtful volume, scholars from across the disciplines of legal theory, sociology, criminology, Critical Race Theory, and organizational theory offer crucial insights into how the criminal system works in both theory and practice. By engaging both classic issues and new understandings, this volume offers a comprehensive framework for thinking about the modern justice system. For those interested in criminal law and justice, The New Criminal Justice Thinking offers a profound discussion of the complexities of our deeply flawed criminal justice system, complexities that neither legal theory nor social science can answer alone.

Prisoners of Politics

Author : Rachel Elise Barkow
Publisher : Harvard University Press
ISBN 13 : 0674239016
Total Pages : 368 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Prisoners of Politics by : Rachel Elise Barkow

Download or read book Prisoners of Politics written by Rachel Elise Barkow and published by Harvard University Press. This book was released on 2019-03-04 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A history of philosophy in twelve thinkers...The whole performance combines polyglot philological rigor with supple intellectual sympathy, and it is all presented...in a spirit of fun.” —Times Literary Supplement “If one of philosophy’s crucial tasks is to snap us out of complacency and re-frame the parameters of debate, then there is always scope for a roll call of practitioners who have particularly enjoyed inspiring the ‘moment when the gears shift.’...Geuss, who wears his expansive learning lightly, has interesting things to say about them all.” —Catholic Herald “Exceptionally engaging...Geuss has a remarkable knack for putting even familiar thinkers in a new light.” —Notre Dame Philosophical Reviews Raymond Geuss explores the ideas of twelve philosophers who broke dramatically with prevailing wisdom, from Socrates and Plato in the ancient world to Nietzsche, Wittgenstein, and Adorno. The result is a striking account of some of the most innovative thinkers in Western history and an indirect manifesto for how to pursue philosophy today. Geuss cautions that philosophers’ attempts to break from convention do not necessarily make the world a better place. Montaigne’s ideas may have been benign, but the fate of those of Hobbes, Hegel, and Nietzsche has been more varied. Yet in the act of provoking people to think differently, philosophers remind us that we are not fated to live within the systems of thought we inherit.

Charged

Author : Emily Bazelon
Publisher : Random House Trade Paperbacks
ISBN 13 : 039959003X
Total Pages : 450 pages
Book Rating : 4.3/5 (995 download)

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Book Synopsis Charged by : Emily Bazelon

Download or read book Charged written by Emily Bazelon and published by Random House Trade Paperbacks. This book was released on 2020-05-05 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER • A renowned journalist and legal commentator exposes the unchecked power of the prosecutor as a driving force in America’s mass incarceration crisis—and charts a way out. “An important, thoughtful, and thorough examination of criminal justice in America that speaks directly to how we reduce mass incarceration.”—Bryan Stevenson, author of Just Mercy “This harrowing, often enraging book is a hopeful one, as well, profiling innovative new approaches and the frontline advocates who champion them.”—Matthew Desmond, author of Evicted FINALIST FOR THE LOS ANGELES TIMES BOOK PRIZE • SHORTLISTED FOR THE J. ANTHONY LUKAS BOOK PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY NPR • The New York Public Library • Library Journal • Publishers Weekly • Kirkus Reviews The American criminal justice system is supposed to be a contest between two equal adversaries, the prosecution and the defense, with judges ensuring a fair fight. That image of the law does not match the reality in the courtroom, however. Much of the time, it is prosecutors more than judges who control the outcome of a case, from choosing the charge to setting bail to determining the plea bargain. They often decide who goes free and who goes to prison, even who lives and who dies. In Charged, Emily Bazelon reveals how this kind of unchecked power is the underreported cause of enormous injustice—and the missing piece in the mass incarceration puzzle. Charged follows the story of two young people caught up in the criminal justice system: Kevin, a twenty-year-old in Brooklyn who picked up his friend’s gun as the cops burst in and was charged with a serious violent felony, and Noura, a teenage girl in Memphis indicted for the murder of her mother. Bazelon tracks both cases—from arrest and charging to trial and sentencing—and, with her trademark blend of deeply reported narrative, legal analysis, and investigative journalism, illustrates just how criminal prosecutions can go wrong and, more important, why they don’t have to. Bazelon also details the second chances they prosecutors can extend, if they choose, to Kevin and Noura and so many others. She follows a wave of reform-minded D.A.s who have been elected in some of our biggest cities, as well as in rural areas in every region of the country, put in office to do nothing less than reinvent how their job is done. If they succeed, they can point the country toward a different and profoundly better future.

Supreme Injustice

Author : Paul Finkelman
Publisher : Harvard University Press
ISBN 13 : 0674982088
Total Pages : 301 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Supreme Injustice by : Paul Finkelman

Download or read book Supreme Injustice written by Paul Finkelman and published by Harvard University Press. This book was released on 2018-01-08 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: The three most important Supreme Court Justices before the Civil War—Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story—upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the incentives created by circumstances in his private life. Finkelman uses census data and other sources to reveal that Justice Marshall aggressively bought and sold slaves throughout his lifetime—a fact that biographers have ignored. Justice Story never owned slaves and condemned slavery while riding circuit, and yet on the high court he remained silent on slave trade cases and ruled against blacks who sued for freedom. Although Justice Taney freed many of his own slaves, he zealously and consistently opposed black freedom, arguing in Dred Scott that free blacks had no Constitutional rights and that slave owners could move slaves into the Western territories. Finkelman situates this infamous holding within a solid record of support for slavery and hostility to free blacks. Supreme Injustice boldly documents the entanglements that alienated three major justices from America’s founding ideals and embedded racism ever deeper in American civic life.

The Effects of Incarceration and Reentry on Community Health and Well-Being

Author : National Academies of Sciences, Engineering, and Medicine
Publisher : National Academies Press
ISBN 13 : 0309493668
Total Pages : 89 pages
Book Rating : 4.3/5 (94 download)

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Book Synopsis The Effects of Incarceration and Reentry on Community Health and Well-Being by : National Academies of Sciences, Engineering, and Medicine

Download or read book The Effects of Incarceration and Reentry on Community Health and Well-Being written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2020-04-17 with total page 89 pages. Available in PDF, EPUB and Kindle. Book excerpt: The high rate of incarceration in the United States contributes significantly to the nation's health inequities, extending beyond those who are imprisoned to families, communities, and the entire society. Since the 1970s, there has been a seven-fold increase in incarceration. This increase and the effects of the post-incarceration reentry disproportionately affect low-income families and communities of color. It is critical to examine the criminal justice system through a new lens and explore opportunities for meaningful improvements that will promote health equity in the United States. The National Academies convened a workshop on June 6, 2018 to investigate the connection between incarceration and health inequities to better understand the distributive impact of incarceration on low-income families and communities of color. Topics of discussion focused on the experience of incarceration and reentry, mass incarceration as a public health issue, women's health in jails and prisons, the effects of reentry on the individual and the community, and promising practices and models for reentry. The programs and models that are described in this publication are all Philadelphia-based because Philadelphia has one of the highest rates of incarceration of any major American city. This publication summarizes the presentations and discussions of the workshop.

Violent Crime Control and Law Enforcement Act of 1994

Author : United States
Publisher :
ISBN 13 :
Total Pages : 356 pages
Book Rating : 4.3/5 (121 download)

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Book Synopsis Violent Crime Control and Law Enforcement Act of 1994 by : United States

Download or read book Violent Crime Control and Law Enforcement Act of 1994 written by United States and published by . This book was released on 1994 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Locked In

Author : John Pfaff
Publisher : Basic Books
ISBN 13 : 0465096921
Total Pages : 331 pages
Book Rating : 4.4/5 (65 download)

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Book Synopsis Locked In by : John Pfaff

Download or read book Locked In written by John Pfaff and published by Basic Books. This book was released on 2017-02-07 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: A groundbreaking reassessment of the American prison system, challenging the widely accepted explanations for our exploding incarceration rates In Locked In, John Pfaff argues that the factors most commonly cited to explain mass incarceration -- the failed War on Drugs, draconian sentencing laws, an increasing reliance on private prisons -- tell us much less than we think. Instead, Pfaff urges us to look at other factors, especially a major shift in prosecutor behavior that occurred in the mid-1990s, when prosecutors began bringing felony charges against arrestees about twice as often as they had before. An authoritative, clear-eyed account of a national catastrophe, Locked In is "a must-read for anyone who dreams of an America that is not the world's most imprisoned nation" (Chris Hayes, author of A Colony in a Nation). It transforms our understanding of what ails the American system of punishment and ultimately forces us to reconsider how we can build a more equitable and humane society.