Wisconsin Sentencing In The Tough On Crime Era

The dramatic increase in U.S. prison populations since the 1970s is often blamed on mandatory sentencing laws, but this case study of a state with judicial discretion in sentencing reveals that other significant factors influence high incarceration rates.

Despite 15 years of reform efforts, the incarceration rate in the United States remains unprecedentedly high. This book provides the first comprehensive survey of these reforms and explains why they have proven to be ineffective. After many decades of stability, the imprisonment rate in the United States quintupled between 1973 and 2003. Since then, nearly all states have adopted multiple reforms intended to reduce imprisonment, but the U.S. imprisonment rate has only decreased by a paltry 2 percent. Why have American sentencing reforms since 2000 been largely ineffective? Are tough mandatory minimum sentences for nonviolent drug offenders the primary reason our prisons are always full? This book offers a fascinating assessment of the wave of sentencing reforms adopted by dozens of states as well as changes at the federal level since 2000, identifying common themes among seemingly disparate changes in sentencing policy and highlighting recent reform efforts that have been more successful and may point the way forward for the nation as a whole. In The Failed Promise of Sentencing Reform, Michael O'Hear exposes the myths that American prison sentencing reforms enacted in the 21st century have failed to have the expected effect because U.S. prisons are filled to capacity with nonviolent drug offenders as a result of the "war on drugs" or because of new laws that took away the discretion of judges and corrections officials. O'Hear then makes a convincing case for the real reasons sentencing reforms have come up short: because they exclude violent and sexual offenders, and because they rely on the discretion of officials who still have every incentive to be highly risk-averse. He also highlights how overlooking the well-being of offenders and their families in our consideration of sentencing reform has undermined efforts to effect real change.

American sentencing : law and practice -- Alternatives to incarceration -- The experience and consequences of incarceration -- Release and life after prison -- Women, juveniles, and other special offender populations -- Causes and significance of "mass incarceration"--Race, ethnicity, and punishment -- Public opinion, politics, and reform -- Index -- About the author

The voices of those experiencing life in the long term are often not heard. This collection of essays and personal stories from the people most impacted by long-term incarceration in Statesville Prison bring light to the crisis of mass incarceration and the human cost of excessive sentencing. Compelling, moving narratives from those most affected by the prison industrial complex make a compelling case that death by incarceration is cruel and unusual punishment. Implemented in the 1990’s and 2000’s harsh sentencing policies, commonly labeled “tough on crime,” became a bipartisan political agenda. These policies had real impacts on families and communities, particularly as they caused the removal of many non-white and poor individuals from cities like Chicago. The Long Term brings into the light what has previously been hidden, a counter-narrative to the tough on crime agenda and an urgent plea for a more humane criminal justice system. The book is a critical contribution to the current debate around challenging the mass incarceration and ending mandatory sentencing, especially for non-violent offenders.

This book analyzes the origins, contemporary trends, and consequences of sentencing reforms in the United States. It explores and clarifies the principles, current practices, and implementation problems of "get tough on crime" legislation that has been America's most predominant response to crime during the past two decades. In evaluating the impact of these reforms on courts, prisons, and crime, a theory of criminal sentencing reform is built and applied to the data across 47 states over almost 30 years. It relies on original analyses that yield interesting research findings and insightful interpretations. The author argues that policymakers tend to reduce complex reality to a simplistic form that predicts policy consequence and they tend to adhere to criminology theories that have policy implications that are consistent with their policy choices. The theory of criminal sentencing reform explains various casual links that link the following important factors: sentencing reform policies, sentencing behavior, the size of the prison population, and crime. This book is an important contribution to the debate over sentencing reform policy. It is essential reading for anyone wishing to understand why sentencing reforms failed to achieve their intended goals.

Synthesizing the latest scholarship in law and the social sciences on criminal sentencing and corrections, this book provides a thorough, balanced, and accessible survey of the major policy issues in these fields of persistent public interest and political debate. After three decades of explosive growth, the American incarceration rate is impracticably high. Drawing on leading research in law and the social sciences, this book covers a range of topics in sentencing and corrections in America in a manner that is accessible and engaging for general readers. Tackling high-level issues in the criminal justice system, it outlines the scale and causes of mass incarceration in the United States. To complement this, it details the roles and relative power of judges and prosecutors, the severity of punishment for drug offenders and white-collar offenders, the abuse of prisoners and the enforcement of prisoner rights, and repeat offending by released prisoners. It examines challenges that come with a high incarceration rate, such as the management of mental illness in the criminal justice system, the management of sex offenders, and the impact of parental incarceration on children. Looking ahead, it considers prospects for reducing current incarceration levels, the availability and effectiveness of alternatives to incarceration, and the future of capital punishment.

Introduces readers to prison workers as they share stories, debate the role of corrections in American racial politics and social justice, and talk about the important function of humor in their jobs.