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13 - Can Courts Abolish Mass Incarceration?

from Part III - Judicial Policymaking and the Modern State

Published online by Cambridge University Press:  18 April 2019

Rosann Greenspan
Affiliation:
University of California, Berkeley
Hadar Aviram
Affiliation:
University of California, Hastings College of the Law
Jonathan Simon
Affiliation:
University of California, Berkeley
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Summary

The extraordinary growth in American prison populations from the late 1970s through the first decade of the twenty-first century has largely ended, and calls for reversing mass incarceration, as it has come to be known, abound from all sides. Yet as of this writing progress toward “decarceration” remains unsteady, and the likelihood of a systematic national decarceration effort led by the federal government has declined in the transition from the Obama to the Trump administration (Gottschalk 2015).

Type
Chapter
Information
The Legal Process and the Promise of Justice
Studies Inspired by the Work of Malcolm Feeley
, pp. 259 - 272
Publisher: Cambridge University Press
Print publication year: 2019

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References

References

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Cases

Braggs v. Dunn, United States District Court for the Middle District of Alabama, Civil Action No. 2:14cv601-MHT (WO), June 17, 2017

Brown v. Plata (2011) 563 U.S. 493, 131 S.Ct. 1910

Holt v. Sarver (1969) 300 F.Supp. 825 District Court for the District of Arkansas

Trop v. Dulles (1958) 356 U.S. 86

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