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Victims’ Rights in Flux: Criminal Justice Reform in Colombia

Victims’ Rights in Flux: Criminal Justice Reform in Colombia
  • Author : Astrid Liliana Sánchez-Mejía
  • Publisher :Unknown
  • Release Date :2017-07-13
  • Total pages :265
  • ISBN : 9783319598529
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Summary : Contributing to the literature on comparative criminal procedure and Latin American law, this book examines the effects of adversarial criminal justice reforms on victim’s rights by specifically analyzing the Colombian criminal justice reform of the early 2000s. This research focuses on the production, interpretation, and implementation of rules and institutions by exploring how different actors have employed the concept of victims and victims’ rights to promote their agendas in the context of criminal justice reforms. It also analyzes how the goals of these agendas have interplayed in practice. By the early 2000s, it seemed that the Colombian criminal justice system was headed towards a process characterized by broader victim participation, primarily because of the doctrine of the Constitutional Court on victims’ rights. But in 2002, the Colombian Attorney General promoted a more adversarial criminal justice reform. This book argues that this reform represented a sudden and unpredicted reversal of the Constitutional Court’s doctrine on victim participation, even though one of the central justifications for the reform was the need to satisfy human rights standards and adhere to the jurisprudence of the Constitutional Court on victims’ rights. In the criminal justice reform of the early 2000s and its subsequent modifications, the promotion of a dichotomous interpretation of the adversarial model—which conceived the criminal process as a competition between prosecution and defense—served to limit victim participation. This study examines how conceptions of victims’ rights emerged out of the struggles between different and at times competing agendas. In the Colombian process of reform, victims’ rights have been invoked both as a justification for criminal sanctions and as an explanation for crime prevention and restorative justice. After assessing quantitative and qualitative data, this book concludes that punitive approaches to victims’ rights have prevailed over restorative justice perspectives. Furthermore, it argues that punitiveness in the criminal justice system has not resulted in more protection for victims. Ultimately, this research reveals that the adversarial criminal justice reform of the early 2000s has not substantially improved the protection of victims’ rights in Colombia.

Criminality in Context

Criminality in Context
  • Author : Craig Haney
  • Publisher :Unknown
  • Release Date :2020
  • Total pages :423
  • ISBN : 1433831422
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Summary : In this groundbreaking book that is built on decades of work on the front lines of the criminal justice system, expert psychologist Craig Haney encourages meaningful and lasting reform by changing the public narrative about who commits crime and why. Based on his comprehensive review and analysis of the research, Haney offers a carefully framed and psychologically based blueprint for making the criminal justice system fairer, with strategies to reduce crime through proactive prevention instead of reactive punishment. Haney meticulously reviews evidence documenting the ways in which a person's social history, institutional experiences, and present circumstances powerfully shape their life, with a special focus on the role of social, economic, and racial injustice in crime causation. Haney debunks the "crime master narrative"--the widespread myth that criminality is a product of free and autonomous "bad" choices--an increasingly anachronistic view that cannot bear the weight of contemporary psychological data and theory. This is a must-read for understanding what truly influences criminal behavior, and the strategies for prevention and rehabilitation that follow.

Justice and Penal Reform

Justice and Penal Reform
  • Author : Stephen Farrall,Barry Goldson,Ian Loader,Anita Dockley
  • Publisher :Unknown
  • Release Date :2016-02-05
  • Total pages :220
  • ISBN : 9781317277620
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Summary : In the aftermath of the financial crisis of 2008, Western societies entered a climate of austerity which has limited the penal expansion experienced in the US, UK and elsewhere over recent decades. These altered conditions have led to introspection and new thinking on punishment even among those on the political right who were previously champions of the punitive turn. This volume brings together a group of international leading scholars with a shared interest in using this opportunity to encourage new avenues of reform in the penal sphere. Justice is a famously contested concept and this book takes a deliberately capacious approach to the question of how justice can be mobilised to inform new reform agendas. Some of the contributors revisit an antique question in penal theory and reconsider the question of what fair or just punishment should look like today. Others seek to make gender central to understanding of crime and punishment, or actively reflect on the part that related concepts such as human rights, legitimacy and trust can and should play in thinking about the creation of more just crime control arrangements. Faced with the expansive penal developments of recent decades, much research and commentary about crime control has been gloom-laden and dystopian. By contrast, this volume seeks to contribute to a more constructive sensibility in the social analysis of penality: one that is worldly, hopeful and actively engaged in thinking about how to create more just penal arrangements. Justice and Penal Reform is a key resource for academics and as a supplementary text for students undertaking courses on punishment, penology, prisons, criminal justice and public policy. This book approaches penal reform from an international perspective and offers a fresh and diverse approach within an established field.

Civilising Criminal Justice

Civilising Criminal Justice
  • Author : David J. Cornwell,John Blad,Martin Wright
  • Publisher :Unknown
  • Release Date :2013
  • Total pages :565
  • ISBN : 9781904380047
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Summary : Probably the best collection there is, Civilizing Criminal Justice is an inescapable resource for anyone interested in restorative justice: truly international and packed with experience while combining history, theory, developments and practical advice.This volume of specially commissioned contributions by widely respected commentators on crime and punishment from various countries is a 'break-through' in bringing together some of the best arguments for long-overdue penal reform. An increasingly urgent need to change outmoded criminal processes, even in advanced democracies, demands an end to those penal excesses driven by political expediency and damaging notions of retribution, deterrence and punishment for its own sake. 'Civilising' criminal justice will make it fairer, more consistent, understandable and considerate towards victims of crime, currently largely excluded from participation. Principles of reparative and restorative justice have become increasingly influential in the quest to provide justice which tackles harm, compensates victims, repairs relationships, resolves debilitating conflicts and calls offenders to account. And in any case, what real justification is there for subjecting more and more people to the expensive but hollow experience of prison, especially at a time of economic stringency. Civil justice - in its various forms - can be swifter, cheaper and more effective, in court or through mediated processes focusing on the harmful consequences of offences rather than inflicting punishment that may satisfy a baying media but come home to haunt the community. This brave and generous book (600 pages) illustrates the many different ways in which criminal justice can be 'civilised' and how lessons can be learned from practical experience across the world and shared expertise. It is a volume that every politician should read, every criminal justice professional should possess, and that every student of criminology and penology will find invaluable. David Cornwell, John Blad and Martin Wright are three of the leading international experts on this topic with many publications to their names individually. Contributors: Serge Gutwirth and Paul De Hert (Belgium), Federico Reggio (Italy), Bas van Stokkom (The Netherlands), Lode Walgrave (Belgium), Susan Easton and Christine Piper (UK), Louis Blom-Cooper QC (UK), Tapio Lappi-Seppala (Finland), Thomas Trenczek (Germany), Jean-Pierre Bonafe-Schmitt (France), Per Andersen (Norway), Claire Spivakovsky (Australia), Ann Skelton (Republic of South Africa), Borbala Fellegi (Hungary), Judge Fred McElrea (New Zealand); and the editors. John Braithwaite is a Distinguished Professor at the Australian National University, author of ground-breaking works on restorative justice and recipient of various awards.

Handbook of Issues in Criminal Justice Reform in the United States

Handbook of Issues in Criminal Justice Reform in the United States
  • Author : Elizabeth Jeglic,Cynthia Calkins
  • Publisher :Unknown
  • Release Date :2021-08-19
  • Total pages :229
  • ISBN : 303077564X
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Summary : This handbook provides a holistic and comprehensive examination of issues related to criminal justice reform in the United States from a multidisciplinary perspective. Divided into five key domains of reform in the criminal justice system, it analyzes: - Policing - Policy and sentencing - Reentry - Treatment - Alternatives to incarceration Each section provides a history and overview of the domain within the criminal justice system, followed by chapters discussing issues integral to reform. The volume emphasizes decreasing incarceration and minimizing racial, ethnic and economic inequalities. Each section ends with tangible recommendations, based on evidence-based approaches for reform. Of interest to researchers, scholars, activists and policy makers, this unique volume offers a pathway for the future of criminal justice reform in the United States.

Carceral Con

Carceral Con
  • Author : Kay Whitlock,Nancy A. Heitzeg
  • Publisher :Unknown
  • Release Date :2021-09-21
  • Total pages :280
  • ISBN : 9780520343474
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Summary : "From the beginning, evasions, hedging, deceptive rhetoric, trap doors, backroom reversals, hidden agendas, and slippery 'success' indicators have been built into the misleading and false promises of sweeping criminal justice reform. In the wake of the 2020 protests of racist structural violence, many people seek to better understand why contemporary reforms haven't produced more justice, especially justice for Black people. This book tells the story of the smoke-and-mirrors nature of those reform agendas and their ongoing failures to dismantle the entwined harms of structural racism and poverty so foundational to the criminal legal system. Carceral Con argues that it is not possible to fully grasp the implications of various reforms without inquiring more deeply into multiple forms of structural inequality and violence that are foundational to the United States and its systems of policing and carceral control. That is to say, racial, gendered, economic, and ableist hierarchies and discrimination are structured into the everyday workings of political, legal, and economic systems. Utilizing an abolitionist lens, this book asks readers to think differently about public safety, community well-being, and the purpose of justice. Chapters are organized to provide readers with basic information foundational to the subject, and then to follow the reform trail through the carceral funnel as most people are swept into the criminal justice system. Carceral Con encourages readers to make necessary paradigm shifts beyond the structures of racial capitalism and neoliberalism and to reject, or at least question, the notion that jails, prisons, and the policing that fill them are indispensable to the good society. Carceral Con also invites readers to reject reformism as an adequate response to the inequalities and brutality of the criminal legal system. Sometimes, as readers will see, it is better to withhold support, better to regroup and redefine the fight, than to embrace proposals that will make things worse"--

Trial and Error in Criminal Justice Reform

Trial and Error in Criminal Justice Reform
  • Author : Greg Berman,Aubrey Fox
  • Publisher :Unknown
  • Release Date :2016-03-21
  • Total pages :164
  • ISBN : 9781442268487
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Summary : In this revised edition of their concise, readable, yet wide-ranging book, Greg Berman and Aubrey Fox tackle a question students and scholars of law, criminology, and political science constantly face: what mistakes have led to the problems that pervade the criminal justice system in the United States? The reluctance of criminal justice policymakers to talk openly about failure, the authors argue, has stunted the public conversation about crime in this country and stifled new ideas. It has also contributed to our inability to address such problems as chronic offending in low-income neighborhoods, an overreliance on incarceration, the misuse of pretrial detention, and the high rates of recidivism among parolees. Berman and Fox offer students and policymakers an escape from this fate by writing about failure in the criminal justice system. Their goal is to encourage a more forthright dialogue about criminal justice, one that acknowledges that many new initiatives fail and that no one knows for certain how to reduce crime. For the authors, this is not a source of pessimism, but a call to action. This revised edition is updated with a new foreword by Cyrus R. Vance, Jr., and afterword by Greg Berman.

Prisoners of Politics

Prisoners of Politics
  • Author : Rachel Elise Barkow
  • Publisher :Unknown
  • Release Date :2019-03-04
  • Total pages :304
  • ISBN : 9780674919235
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Summary : 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.

Usual Cruelty

Usual Cruelty
  • Author : Alec Karakatsanis
  • Publisher :Unknown
  • Release Date :2019-10-29
  • Total pages :231
  • ISBN : 9781620975282
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Summary : From an award-winning civil rights lawyer, a profound challenge to our society’s normalization of the caging of human beings, and the role of the legal profession in perpetuating it Alec Karakatsanis is interested in what we choose to punish. For example, it is a crime in most of America for poor people to wager in the streets over dice; dice-wagerers can be seized, searched, have their assets forfeited, and be locked in cages. It’s perfectly fine, by contrast, for people to wager over international currencies, mortgages, or the global supply of wheat; wheat-wagerers become names on the wings of hospitals and museums. He is also troubled by how the legal system works when it is trying to punish people. The bail system, for example, is meant to ensure that people return for court dates. But it has morphed into a way to lock up poor people who have not been convicted of anything. He’s so concerned about this that he has personally sued court systems across the country, resulting in literally tens of thousands of people being released from jail when their money bail was found to be unconstitutional. Karakatsanis doesn’t think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings—an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color and for which the legal system has never offered sufficient justification. Usual Cruelty is a profoundly radical reconsideration of the American “injustice system” by someone who is actively, wildly successfully, challenging it.

Locked In

Locked In
  • Author : John Pfaff
  • Publisher :Unknown
  • Release Date :2017-02-07
  • Total pages :272
  • ISBN : 9780465096923
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Summary : "Pfaff, let there be no doubt, is a reformer...Nonetheless, he believes that the standard story--popularized in particular by Michelle Alexander, in her influential book, The New Jim Crow--is false. We are desperately in need of reform, he insists, but we must reform the right things, and address the true problem."--Adam Gopnik, The New Yorker A groundbreaking examination of our system of imprisonment, revealing the true causes of mass incarceration as well as the best path to reform In the 1970s, the United States had an incarceration rate comparable to those of other liberal democracies-and that rate had held steady for over 100 years. Yet today, though the US is home to only about 5 percent of the world's population, we hold nearly one quarter of its prisoners. Mass incarceration is now widely considered one of the biggest social and political crises of our age. How did we get to this point? Locked In is a revelatory investigation into the root causes of mass incarceration by one of the most exciting scholars in the country. Having spent fifteen years studying the data on imprisonment, John Pfaff takes apart the reigning consensus created by Michelle Alexander and other reformers, revealing that the most widely accepted explanations-the failed War on Drugs, draconian sentencing laws, an increasing reliance on private prisons-tell us much less than we think. Pfaff urges us to look at other factors instead, including 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. He describes a fractured criminal justice system, in which counties don't pay for the people they send to state prisons, and in which white suburbs set law and order agendas for more-heavily minority cities. And he shows that if we hope to significantly reduce prison populations, we have no choice but to think differently about how to deal with people convicted of violent crimes-and why some people are violent in the first place. An authoritative, clear-eyed account of a national catastrophe, Locked In 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.

Criminal Justice Reform

Criminal Justice Reform
  • Author : Patrick B. McGuigan,Randall R. Rader
  • Publisher :Unknown
  • Release Date :1983
  • Total pages :273
  • ISBN : UOM:39015005916476
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Summary : Recommends a variety of legal reforms designed to improve the effectiveness of the criminal justice system of the United States

In the Place of Justice

In the Place of Justice
  • Author : Wilbert Rideau
  • Publisher :Unknown
  • Release Date :2011-01-06
  • Total pages :384
  • ISBN : 9781847654649
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Summary : In 1961, young, black, eighth-grade dropout Wilbert Rideau despaired of his small-town future in the segregated deep south of America. He set out to rob the local bank and after a bungled robbery he killed the bank teller, a fifty-year-old white female. He was arrested and gave a full confession. When we meet Rideau he has just been sentenced to death row, from where he embarks on an extraordinary journey. He is imprisoned at Angola, the most violent prison in America, where brutality, sexual slavery and local politics confine prisoners in ways that bars alone cannot. Yet Rideau breaks through all this and finds hope and meaning, becoming editor of the prison magazine, going on to win national journalism awards. Full of gritty realism and potent in its evocation of a life condemned, Rideau goes far beyond the traditional prison memoir and reveals an emotionally wrought and magical conclusion to his forty-four years in prison.

Wrongful Conviction and Criminal Justice Reform

Wrongful Conviction and Criminal Justice Reform
  • Author : Marvin Zalman,Julia Carrano
  • Publisher :Unknown
  • Release Date :2013-10-30
  • Total pages :334
  • ISBN : 9781135077440
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Summary : Wrongful Conviction and Criminal Justice Reform is an important addition to the literature and teaching on innocence reform. This book delves into wrongful convictions studies but expands upon them by offering potential reforms that would alleviate the problem of wrongful convictions in the criminal justice system. Written to be accessible to students, Wrongful Conviction and Criminal Justice Reform is a main text for wrongful convictions courses or a secondary text for more general courses in criminal justice, political science, and law school innocence clinics.

Explaining Criminal Justice

Explaining Criminal Justice
  • Author : David Duffee
  • Publisher :Unknown
  • Release Date :1980
  • Total pages :263
  • ISBN : UCAL:B4351859
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Summary :

Women and the Criminal Justice System

Women and the Criminal Justice System
  • Author : Emma Milne,Karen Brennan,Nigel South,Jackie Turton
  • Publisher :Unknown
  • Release Date :2018-05-04
  • Total pages :252
  • ISBN : 9783319767741
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Summary : Bringing together academics and professionals, this edited collection considers key issues in current criminal justice policy and practice related specifically to women to answer the important question: are women being failed by the criminal justice system? In a landscape where women’s involvement in the criminal justice system still tends to be ignored or lost in discussions about men, contributors place special emphasis on women as both victims and offenders. The chapters cover a wide range of topics relating to women and crime, including: violent and sexual victimisation, violent offending, sentencing and punishment, and rape myths. Since the peak of feminist criminal justice scholarship in the 1990s, the place of women in the criminal justice system has arguably slipped down the agenda and the authors of this collection draw on original research to make the compelling case for a swift remedy to this. Drawing on recent academic studies and professional experience to set an agenda for future research – as well as legal and policy reform – this book injects new life into the dialogue surrounding women and the criminal justice system. Innovative and timely, this collection of essays holds broad appeal to academics and practitioners, as well as students of criminology, criminal justice and law, and all those with an interest in feminism, justice, and inequality.

Making the Transition

Making the Transition
  • Author : Andy Aitchison
  • Publisher :Unknown
  • Release Date :2011
  • Total pages :247
  • ISBN : 9400001401
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Summary : Making the Transition provides an analysis of processes of reform, reconstruction, and restructuring in the criminal justice field in Bosnia and Herzegovina in the years since it completed a violent secession from the Socialist Federal Republic of Yugoslavia (SFRY). Across the three sectors of policing, courts, and prisons, this work details the challenges facing Bosnia and Herzegovina and explores a range of internationally-sponsored reform initiatives. These three sectors are often examined independently of each other, but by analyzing their development side by side, Making the Transition is able to determine common challenges while establishing different logics and methods of international intervention. The book reflects the author's education in a number of disciplines (politics, history, criminology) and will be a useful addition for those with an interest in the mechanics of state-building and in the reconstruction of post-conflict states.

Justice Reinvestment

Justice Reinvestment
  • Author : Chris Fox,Kevin Albertson,Kevin Wong
  • Publisher :Unknown
  • Release Date :2013-06-03
  • Total pages :246
  • ISBN : 9781134453139
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Summary : Rising prison numbers on both sides of the Atlantic are cause for concern. Justice Reinvestment is a major movement in criminal justice reform in the US that is also attracting lots of interest in the UK. Justice Reinvestment is an approach to addressing the penal crisis that uses the best available evidence to re-direct resources to more effective rehabilitation of offenders and better ‘prehabilitation’. It takes a more holistic view of criminal justice and is particularly concerned to address the community dimensions of offending and re-offending. The authors highlight competing models of Justice Reinvestment and argue for a more radical version in which criminal justice reform is seen as part of a wider social justice reform programme. This is the first substantial publication on Justice Reinvestment and shows that ‘Justice Reinvestment’ has huge potential to re-shape the criminal justice system. It will be essential reading for undergraduate and post-graduate students with an interest in criminal justice reform. Practitioners and policy-makers working in the criminal justice system in the US and the UK will also value the fresh perspective it brings to criminal justice reform and its breadth of coverage including insights into the penal crisis, different models of Justice Reinvestment, the use of criminal justice data and research evidence in re-designing criminal justice services and new approaches to commissioning.

Understanding Mass Incarceration

Understanding Mass Incarceration
  • Author : James Kilgore
  • Publisher :Unknown
  • Release Date :2015-08-11
  • Total pages :272
  • ISBN : 9781620971222
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Summary : We all know that orange is the new black and mass incarceration is the new Jim Crow, but how much do we actually know about the structure, goals, and impact of our criminal justice system? Understanding Mass Incarceration offers the first comprehensive overview of the incarceration apparatus put in place by the world’s largest jailer: the United States. Drawing on a growing body of academic and professional work, Understanding Mass Incarceration describes in plain English the many competing theories of criminal justice—from rehabilitation to retribution, from restorative justice to justice reinvestment. In a lively and accessible style, author James Kilgore illuminates the difference between prisons and jails, probation and parole, laying out key concepts and policies such as the War on Drugs, broken windows policing, three-strikes sentencing, the school-to-prison pipeline, recidivism, and prison privatization. Informed by the crucial lenses of race and gender, he addresses issues typically omitted from the discussion: the rapidly increasing incarceration of women, Latinos, and transgender people; the growing imprisonment of immigrants; and the devastating impact of mass incarceration on communities. Both field guide and primer, Understanding Mass Incarceration will be an essential resource for those engaged in criminal justice activism as well as those new to the subject.

Promoting Criminal Justice Reform

Promoting Criminal Justice Reform
  • Author : International Centre for Criminal Law Reform and Criminal Justice Policy
  • Publisher :Unknown
  • Release Date :2007
  • Total pages :483
  • ISBN : 0973043253
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Summary :

Race to Incarcerate

Race to Incarcerate
  • Author : Marc Mauer,Sabrina Jones
  • Publisher :Unknown
  • Release Date :2013-04-02
  • Total pages :128
  • ISBN : 9781595588937
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Summary : "Do not underestimate the power of the book you are holding in your hands." —Michelle Alexander More than 2 million people are now imprisoned in the United States, producing the highest rate of incarceration in the world. How did this happen? As the director of The Sentencing Project, Marc Mauer has long been one of the country’s foremost experts on sentencing policy, race, and the criminal justice system. His book Race to Incarcerate has become the essential text for understanding the exponential growth of the U.S. prison system; Michelle Alexander, author of the bestselling The New Jim Crow, calls it "utterly indispensable." Now, Sabrina Jones, a member of the World War 3 Illustrated collective and an acclaimed author of politically engaged comics, has collaborated with Mauer to adapt and update the original book into a vivid and compelling comics narrative. Jones's dramatic artwork adds passion and compassion to the complex story of the penal system’s shift from rehabilitation to punishment and the ensuing four decades of prison expansion, its interplay with the devastating "War on Drugs," and its corrosive effect on generations of Americans. With a preface by Mauer and a foreword by Alexander, Race to Incarcerate: A Graphic Retelling presents a compelling argument about mass incarceration’s tragic impact on communities of color—if current trends continue, one of every three black males and one of every six Latino males born today can expect to do time in prison. The race to incarcerate is not only a failed social policy, but also one that prevents a just, diverse society from flourishing.

The New Jim Crow

The New Jim Crow
  • Author : Michelle Alexander
  • Publisher :Unknown
  • Release Date :2020-01-07
  • Total pages :434
  • ISBN : 9781620971949
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Summary : Named one of the most important nonfiction books of the 21st century by Entertainment Weekly‚ Slate‚ Chronicle of Higher Eduction‚ 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.