Table of Contents
How to Use This Book ix
1 American Sentencing-Law and Practice 1
Q1 Have judges lost their sentencing discretion? 2
Q2 Do modern-day prosecutors dictate sentences for criminal convictions? 7
Q3 Are defendants punished for exercising their constitutional right to a trial? 13
Q4 Do drug offenders get tougher sentences than violent offenders? 19
Q5 Do white-collar criminals ever get serious prison terms? 22
Q6 Is capital punishment "dead" in the United States? 27
Q7 Are the needs and wishes of crime victims disregarded in the sentencing process? 31
2 Alternatives to Incarceration 41
Q8 Is probation just a "slap on the wrist"? 41
Q9 Are so-called intermediate sanctions more effective in reducing recidivism than traditional probation? 48
Q10 Do drug treatment courts and other problem-solving courts really work? 55
Q11 Does restorative justice really work? 58
Q12 Are colonial-style "shaming" sentences an appropriate alternative to incarceration? 61
Q13 Have fines and other financial penalties in criminal cases dramatically increased since the late 1990s? 65
3 The Experience and Consequences of Incarceration 71
Q14 Has imprisonment in the United States gotten too soft? 72
Q15 Do judges play a significant role in the administration of prisons? 78
Q16 Does time in prison leave inmates more likely to reoffend? 82
Q17 Do prisoners have opportunities to work, learn, or otherwise spend their time productively during incarceration? 86
Q18 Are incidents of violence against inmates and coerced sex common occurrences in prisons? 88
Q19 Do prisons use solitary confinement too much? 91
Q20 Do private prisons deliver better results at lower cost than public prisons? 96
Q21 Are children harmed by the incarceration of a parent? 101
4 Release and Life after Prison 105
Q22 Can prisoners still accelerate their release through good behavior and rehabilitative progress? 106
Q23 Given the high recidivism rate of released prisoners, shouldn't they be held behind bars as long as possible? 111
Q24 Is it possible for former prisoners to reintegrate fully into society and live a normal life? 116
Q25 Are most parolees returned to prison for technical violations? 123
5 Women, Juveniles, and Other Special Offender Populations 129
Q26 Do female offenders receive preferential treatment when it comes to sentencing and corrections? 129
Q27 Does the system really hold juveniles accountable for their crimes? 134
Q28 Are mentally ill offenders able to get the treatment they need through the criminal justice system? 141
Q29 Do registration, community notification, residency restriction, and civil commitment laws help to reduce the threat posed by sex offenders after their prison terms are completed? 149
Q30 Should elderly, disabled, and chronically ill prisoners be given "compassionate release"? 159
6 Causes and Significance of "Mass Incarceration" 165
Q31 How does the U.S. incarceration rate compare to international and historical norms? 165
Q32 Did the War on Drugs cause mass incarceration? 171
Q33 Has mass incarceration helped to reduce crime? 175
7 Race, Ethnicity, and Punishment 183
Q34 Are African Americans incarcerated disproportionately in the United States? 184
Q35 What causes the disproportionate imprisonment of African Americans? 190
Q36 Are there other racial or ethnic groups who experience disproportionate incarceration? 197
Q37 What should be done to address racial disparities in incarceration? 200
8 Public Opinion, Politics, and Reform 205
Q38 Does public opinion always favor tougher punishment? 205
Q39 Are the fiscal burdens of mass incarceration changing the politics of punishment? 211
Q40 What reform measures might best reduce excessive incarceration? 216
Index 223
About the Author 243
