Reforming Criminal Justice - Sandra Day O'Connor College Of Law
Reforming Criminal JusticeVolume 4: Punishment, Incarceration, and ReleaseErik LunaEditor and Project Director
Reforming Criminal JusticeVolume 4: Punishment,Incarceration, and ReleaseErik LunaEditor and Project Directora report byThe Academy for Justicewith the support of
Copyright 2017All Rights ReservedThis report and its contents may be used for non-profit educational and trainingpurposes and for legal reform (legislative, judicial, and executive) without writtenpermission but with a citation to the report.The Academy for Justicewww.academyforjustice.orgErik Luna, Project DirectorA project of theSandra Day O’Connor College of LawArizona State UniversityMail Code 9520111 E. Taylor St.Phoenix, AZ 85004-4467(480) 965-6181https://law.asu.edu/Suggested CitationBluebook:4 REFORMING CRIMINAL JUSTICE: PUNISHMENT, INCARCERATION, AND RELEASE(Erik Luna ed., 2017).APA:Luna, E. (Ed.). (2017). Reforming Criminal Justice: Punishment,Incarceration, and Release (Vol. 4). Phoenix, AZ: Arizona State University.CMS:Luna, Erik, ed. Reforming Criminal Justice. Vol. 4, Punishment,Incarceration, and Release. Phoenix: Arizona State University, 2017.Printed in the United States of America
Summary of Report ContentsVolume 1: Introduction and CriminalizationPreface—Erik LunaCriminal Justice Reform: An Introduction—Clint BolickThe Changing Politics of Crime and the Future of Mass Incarceration—David ColeOvercriminalization—Douglas HusakOverfederalization—Stephen F. SmithMisdemeanors—Alexandra NatapoffDrug Prohibition and Violence—Jeffrey A. MironMarijuana Legalization—Alex KreitSexual Offenses—Robert WeisbergFirearms and Violence—Franklin E. ZimringGangs—Scott H. DeckerCriminalizing Immigration—Jennifer M. ChacónExtraterritorial Jurisdiction—Julie Rose O’SullivanMental Disorder and Criminal Justice—Stephen J. MorseJuvenile Justice—Barry C. FeldVolume 2: PolicingDemocratic Accountability and Policing—Maria Ponomarenko andBarry FriedmanLegal Remedies for Police Misconduct—Rachel A. HarmonStop-and-Frisk—Henry F. Fradella and Michael D. WhiteRace and the New Policing—Jeffrey FaganRacial Profiling—David A. HarrisRace and the Fourth Amendment—Devon W. CarbadoPolice Use of Force—L. Song RichardsonPolicing, Databases, and Surveillance—Christopher SloboginInterrogation and Confessions—Richard A. LeoEyewitness Identification—Gary L. WellsInformants and Cooperators—Daniel Richmaniii
ivSummary of Report ContentsVolume 3: Pretrial and Trial ProcessesGrand Jury—Roger A. Fairfax, Jr.Pretrial Detention and Bail—Megan Stevenson and Sandra G. MaysonProsecutor Institutions and Incentives—Ronald F. WrightPlea Bargaining—Jenia I. TurnerProsecutorial Guidelines—John F. PfaffDefense Counsel and Public Defense—Eve Brensike PrimusDiscovery—Darryl K. BrownForensic Evidence—Erin MurphyActual Innocence and Wrongful Convictions—Brandon L. GarrettRace and Adjudication—Paul ButlerCrime Victims’ Rights—Paul G. CassellAppeals—Nancy J. KingProblem-Solving Courts—Richard BoldtVolume 4: Punishment, Incarceration, and ReleaseRetribution—Jeffrie G. MurphyDeterrence—Daniel S. NaginIncapacitation—Shawn D. BushwayMass Incarceration—Todd R. Clear and James AustinRisk Assessment in Sentencing—John MonahanSentencing Guidelines—Douglas A. BermanMandatory Minimums—Erik LunaCapital Punishment—Carol S. Steiker and Jordan M. SteikerRace and Sentencing Disparity—Cassia SpohnCommunity Punishments—Michael TonryFines, Fees, and Forfeitures—Beth A. ColganCorrectional Rehabilitation—Francis T. CullenPrison Conditions—Sharon DolovichPrisoners with Disabilities—Margo SchlangerReleasing Older Prisoners—Michael Millemann,Rebecca Bowman-Rivas, and Elizabeth Smith
Summary of Report ContentsReentry—Susan TurnerCollateral Consequences—Gabriel J. ChinSex Offender Registration and Notification—Wayne A. LoganClemency—Mark Oslerv
Project ParticipantsAlbert Alschuler, Julius Kreeger Professor Emeritus of Law and Criminology,University of ChicagoJosé B. Ashford, Professor of Social Work and Sociology, Director of theOffice of Offender Diversion and Sentencing Solutions, and AffiliateProfessor of Criminology and Criminal Justice, Law and BehavioralScience, and Justice and Social Inquiry, Arizona State UniversityJames Austin, President, JFA InstituteSusan Bandes, Centennial Distinguished Professor of Law, DePaul UniversityJessica Berch, Lecturer in Law, Arizona State UniversityDouglas A. Berman, Robert J. Watkins/Procter & Gamble Professor of Law,The Ohio State UniversityStephanos Bibas, Professor of Law, Professor of Criminology, and Director ofthe Supreme Court Clinic, University of PennsylvaniaGuyora Binder, SUNY Distinguished Professor of Law, Hodgson Russ FacultyScholar, and Vice Dean for Research & Faculty Development, Universityof BuffaloRichard Boldt, T. Carroll Brown Professor of Law, University of MarylandClint Bolick, Justice, Supreme Court of Arizona, and Research Fellow at theHoover InstitutionRichard J. Bonnie, Harrison Foundation Professor of Medicine and Law,Class of 1941 Research Professor of Law, Professor of Psychiatry andNeurobehavioral Sciences, Professor of Public Policy, and Director of theInstitute of Law, Psychiatry and Public Policy, University of VirginiaRebecca Bowman-Rivas, Law and Social Work Services Program Manager,University of MarylandDarryl K. Brown, O.M. Vicars Professor of Law, University of VirginiaShawn D. Bushway, Professor of Public Administration & Policy and Professorof Criminal Justice, University at Albany, State University of New YorkPaul Butler, Albert Brick Professor in Law, Georgetown UniversityDevon W. Carbado, The Honorable Harry Pregerson Professor of Lawand Associate Vice Chancellor, BruinX, the Office of Equity, Diversity,and Inclusion, University of California, Los AngelesPaul G. Cassell, Ronald N. Boyce Presidential Professor of Criminal Law andUniversity Distinguished Professor of Law, University of UtahJennifer M. Chacón, Professor of Law, University of California, Irvinevii
viiiProject ParticipantsGabriel J. Chin, Edward L. Barrett Chair in Law and Martin Luther King, Jr.Professor of Law, University of California, DavisTodd R. Clear, University Professor of Criminal Justice, Rutgers UniversityDavid Cole, Hon. George J. Mitchell Professor in Law and Public Policy,Georgetown University, and National Legal Director for the AmericanCivil Liberties UnionBeth A. Colgan, Assistant Professor of Law, University of California,Los AngelesFrancis T. Cullen, Distinguished Research Professor Emeritus of CriminalJustice and Senior Research Associate, University of CincinnatiGregory DeAngelo, Assistant Professor of Economics,West Virginia UniversityScott H. Decker, Foundation Professor of Criminology & Criminal Justice andDirector of the Center for Public Criminology, Arizona State UniversityDeborah W. Denno, Arthur A. McGivney Professor of Law and FoundingDirector of the Neuroscience and Law Center, Fordham UniversitySchool of LawSharon Dolovich, Professor of Law and Director of the UCLA Prison Law andPolicy Program, University of California, Los AngelesCara H. Drinan, Professor of Law, The Catholic University of AmericaDonald A. Dripps, Warren Distinguished Professor of Law, University ofSan DiegoMark A. Drumbl, Class of 1975 Alumni Professor of Law and Director of theTransnational Law Institute, Washington and Lee UniversityIra Ellman, Charles J. Merriam Distinguished Professor of Law andAffiliate Professor of Psychology Emeritus, Arizona State University, andDistinguished Affiliated Scholar, Center for the Study of Law and Society,University of California, BerkeleyJeffrey Fagan, Isidor & Seville Sulzbacher Professor of Law and Professor ofEpidemiology, Columbia UniversityRoger A. Fairfax, Jr., Jeffrey & Martha Kohn Senior Associate Dean forAcademic Affairs and Research Professor of Law, GeorgeWashington UniversityBarry C. Feld, Centennial Professor of Law Emeritus, University of MinnesotaHenry F. Fradella, Professor of Criminology and Associate Director of theSchool of Criminology and Criminal Justice, Arizona State University
Project ParticipantsixBarry Friedman, Jacob D. Fuchsberg Professor of Law, Affiliated Professor ofPolitics, and Director of the Policing Project, New York UniversityBrandon L. Garrett, Justice Thurgood Marshall Distinguished Professor ofLaw and White Burkett Miller Professor of Law and Public Affairs,University of VirginiaStephen P. Garvey, Professor of Law, Cornell UniversityAdam M. Gershowitz, Professor of Law and Associate Dean for Research &Faculty Development, College of William & MaryAya Gruber, Professor of Law, University of ColoradoRachel A. Harmon, F.D.G. Ribble Professor of Law, University of VirginiaDavid A. Harris, Professor of Law and John E. Murray Faculty Scholar,University of PittsburghKaren McDonald Henning, Associate Professor of Law, University ofDetroit MercyPeter Henning, Professor of Law, Wayne State UniversityLindsay Herf, Executive Director, Arizona Justice ProjectSilas Horst, Public Policy Analyst, Koch Companies Public Sector, LLCDouglas Husak, Distinguished Professor of Philosophy, Rutgers UniversityElizabeth Joh, Professor of Law, University of California, DavisAllison Kasic, Associate Director of Research, Charles Koch FoundationNancy J. King, Lee S. & Charles A. Speir Professor of Law,Vanderbilt UniversitySusan R. Klein, Alice McKean Young Regents Chair in Law, University of TexasCecelia M. Klingele, Associate Professor of Law, University of Wisconsin, andAssociate Reporter, Model Penal Code: Sentencing, AmericanLaw InstituteJason Kreag, Associate Professor of Law, University of ArizonaAlex Kreit, Professor of Law and Co-Director of the Center for Criminal Lawand Policy, Thomas Jefferson School of LawMáximo Langer, Professor of Law and Director of the Transnational Programon Criminal Justice, University of California, Los AngelesJennifer E. Laurin, Professor of Law, University of TexasRichard A. Leo, Hamill Family Professor of Law and Psychology,University of San Francisco
xProject ParticipantsStefanie Lindquist, Deputy Provost, Vice President for Academic Affairs, andFoundation Professor of Law and Political Science, ArizonaState UniversityElizabeth F. Loftus, Distinguished Professor of Psychology and SocialBehavior, and Professor of Law, University of California, IrvineWayne A. Logan, Gary & Sallyn Pajcic Professor of Law, FloridaState UniversityVera Lopez, Associate Professor of Justice and Social Inquiry, ArizonaState UniversityErik Luna, Amelia D. Lewis Professor of Constitutional & Criminal Law,Arizona State UniversityEdward Maguire, Professor of Criminology, Arizona State UniversitySandra G. Mayson, Assistant Professor of Law, University of GeorgiaRichard H. McAdams, Bernard D. Meltzer Professor of Law,University of ChicagoDaniel S. Medwed, Professor of Law and Criminal Justice, and FacultyDirector of Professional Development, Northeastern UniversityMichael Millemann, Professor of Law, University of MarylandEric J. Miller, Professor of Law and Leo J. O’Brien Fellow, Loyola Law School,Los AngelesMarc L. Miller, Dean and Ralph W. Bilby Professor of Law,University of ArizonaRussell A. Miller, J.B. Stombock Professor of Law, Washington and LeeUniversity, and Editor-in-Chief, German Law JournalJeffrey A. Miron, Senior Lecturer and Director of Undergraduate Studies inthe Department of Economics, Harvard University, and Director ofEconomic Studies, Cato InstituteJohn Monahan, John S. Shannon Distinguished Professor of Law, Joel B.Piassick Research Professor of Law, Professor of Psychology, andProfessor of Psychiatry and Neurobehavioral Sciences,University of VirginiaStephen J. Morse, Ferdinand Wakeman Hubbell Professor of Law, Professorof Psychology and Law in Psychiatry, and Associate Director of theCenter for Neuroscience & Society, University of PennsylvaniaErin Murphy, Professor of Law, New York University
Project ParticipantsxiJeffrie G. Murphy, Regents’ Professor of Law, Philosophy, and ReligiousStudies, Arizona State UniversityDaniel S. Nagin, Teresa & H. John Heinz III University Professor of PublicPolicy and Statistics, Carnegie Mellon UniversityAlexandra Natapoff, Professor of Law, University of California, IrvineTess Neal, Assistant Professor of Psychology and Director of the Clinical andLegal Judgment Lab, Arizona State UniversityMichael M. O’Hear, Professor of Law, Marquette UniversityMark Osler, Robert & Marion Short Distinguished Chair in Law, University ofSt. ThomasJulie Rose O’Sullivan, Professor of Law, Georgetown University Law CenterJohn T. Parry, Associate Dean of Faculty and Edward Brunet Professor of Law,Lewis & Clark Law SchoolJohn F. Pfaff, Professor of Law, Fordham UniversityEllen S. Podgor, Gary R. Trombley Family White-Collar Crime ResearchProfessor and Professor of Law, Stetson UniversityMaria Ponomarenko, Adjunct Professor of Law and Deputy Director of thePolicing Project, New York UniversityEve Brensike Primus, Professor of Law, University of MichiganDoris Marie Provine, Professor Emerita of Justice & Social Inquiry, ArizonaState UniversityKatherine Puzauskas, Supervising Attorney of the Post-Conviction Clinic,Arizona State UniversityLisa Rich, Associate Professor of Law, Texas A&M UniversityL. Song Richardson, Interim Dean and Professor of Law, University ofCalifornia, IrvineDaniel Richman, Paul J. Kellner Professor of Law, Columbia UniversityPaul H. Robinson, Colin S. Diver Professor of Law, University of PennsylvaniaAndrea Roth, Assistant Professor of Law, University of California, BerkeleyMichael J. Saks, Regents’ Professor of Law and Psychology, ArizonaState UniversityJessica Salerno, Assistant Professor of Social and Behavioral Sciences, ArizonaState UniversityErin A. Scharff, Associate Professor of Law, Arizona State University
xiiProject ParticipantsMargo Schlanger, Wade H. and Dores M. McCree Collegiate Professor of Law,University of MichiganNick Schweitzer, Associate Professor of Social and Behavioral Sciences,Arizona State UniversityMichael Scott, Clinical Professor of Criminology & Criminal Justice andDirector of the Center for Problem-Oriented Policing, ArizonaState UniversityMichael S. Shafer, Professor of Social Work, Director of the Center forApplied Behavioral Health Policy, and Affiliate Professor of Criminology& Criminal Justice, Arizona State UniversityBijal Shah, Associate Professor of Law, Arizona State UniversityMary Sigler, Lincoln Professor of Law and Ethics, Arizona State UniversityDan Simon, Richard L. & Maria B. Crutcher Professor of Law and Professorof Psychology, University of Southern CaliforniaJonathan Simon, Adrian A. Kragen Professor of Law and Director of theCenter for the Study of Law and Society, University ofCalifornia, BerkeleyChristopher Slobogin, Milton Underwood Professor of Law, AffiliateProfessor of Psychiatry, and Director of the Criminal Justice Program,Vanderbilt UniversityElizabeth Smith, Forensic Social Work Fellow, University of MarylandStephen F. Smith, Professor of Law, University of Notre DameCassia Spohn, Foundation Professor of Criminology and Director of theSchool of Criminology and Criminal Justice, Arizona State UniversityCarol S. Steiker, Henry J. Friendly Professor of Law and Faculty Co-Directorof the Criminal Justice Policy Program, Harvard UniversityJordan M. Steiker, Judge Robert M. Parker Endowed Chair in Law andDirector of the Texas Capital Punishment Center, University of TexasYvonne Stevens, Instructor of Law and Research Fellow & CommunityOutreach Coordinator for the Center for Law, Science and Innovation,Arizona State UniversityMegan Stevenson, Assistant Professor of Law, George Mason UniversityScott E. Sundby, Professor of Law and Dean’s Distinguished Scholar,University of Miami
Project ParticipantsxiiiChris W. Surprenant, Associate Professor of Philosophy and Director of theAlexis de Tocqueville Project on Law, Liberty, and Morality, University ofNew OrleansMichael Tonry, McKnight Presidential Professor in Criminal Law and Policy,University of MinnesotaJenia I. Turner, Amy Abboud Ware Centennial Professor in Criminal Law,Southern Methodist UniversitySusan Turner, Professor of Criminology, Law, and Society and Director of theCenter for Evidence-Based Corrections, University of California, IrvineSteven J. Twist, Adjunct Professor of Law, Arizona State UniversityXia Wang, Associate Professor of Criminology and Criminal Justice, ArizonaState UniversityRobert Weisberg, Edwin E. Huddleson, Jr. Professor of Law and FacultyDirector of the Stanford Criminal Justice Center, Stanford UniversityGary L. Wells, Professor of Psychology, Distinguished Professor of Liberal Artsand Sciences, and Wendy & Mark Stavish Chair in Social Sciences, IowaState UniversityMichael D. White, Professor of Criminology and Associate Director ofthe Center for Violence Prevention and Community Safety, ArizonaState UniversityKevin A. Wright, Associate Professor of Criminology, Arizona State UniversityRonald F. Wright, Needham Y. Gulley Professor of Criminal Law, WakeForest UniversityJonathan J. Wroblewski, Director, Office of Policy and Legislation, CriminalDivision, U.S. Department of JusticeShi Yan, Assistant Professor of Criminology, Arizona State UniversityFranklin E. Zimring, William G. Simon Professor of Law and Director of theCriminal Justice Research Program, University of California, Berkeley
Reforming Criminal JusticeVolume 4: Punishment,Incarceration, and Release
Editor’s NoteThe present volume of Reforming Criminal Justice examines the rationalesfor punishment, the types of penalties and sentencing schemes, the currentstate of incarceration and conditions of confinement, and the prospectsfor inmate release and reintegration. For the most part, the chapters are asadvertised (so to speak)—their titles accurately and succinctly convey the topicat hand. The goal of each chapter is to increase both professional and publicunderstanding of the subject matter, to facilitate an appreciation of the relevantscholarly literature and the need for reform, and to offer potential solutionsto the problems raised by the underlying topic. This approach is taken in thereport’s other volumes, which address additional areas of criminal justice thatare worthy of attention and even reconsideration.For interested readers, Volume 1 contains a preface describing thebackground of this project and the reasons for writing the report, as well asoffering a more elaborate introduction to the report’s creation and contents.The preface also mentions several limitations, one of which bears repeatinghere: Each chapter carries the weight only of its author(s). The otherparticipants in this project have not endorsed the arguments made in eachchapter. Likewise, an author’s references to other chapters in this report areprovided for the convenience of the reader and do not indicate that the authornecessarily approves of the arguments presented in the cited chapters.Nonetheless, the authors were chosen to contribute to the report preciselybecause they are leaders in their respective fields and are known to be thoughtfuland reasonable. Their chapters were reviewed in a process involving some of thebest and brightest in the academic world. Moreover, this report is not intendedas the end-all of debate about criminal justice reform. To the contrary, it hopesto rekindle the discussion with the input of those whose lifework is the studyof criminal justice.– Erik Luna1
Volume Table of ContentsSummary of Report Contents .iiiProject Participants .viiEditor’s Note. 1Volume Table of Contents . 3Retribution . 7Jeffrie G. Murphy, Regents’ Professor of Law, Philosophy, andReligious Studies, Arizona State UniversityDeterrence . 19Daniel S. Nagin, Teresa & H. John Heinz III UniversityProfessor of Public Policy and Statistics, CarnegieMellon UniversityIncapacitation. 37Shawn D. Bushway, Professor of Public Administration & Policyand Professor of Criminal Justice, University at Albany,State University of New YorkMass Incarceration . 55Todd R. Clear, University Professor of Criminal Justice,Rutgers UniversityJames Austin, President, JFA InstituteRisk Assessment in Sentencing . 77John Monahan, John S. Shannon Distinguished Professor ofLaw, Joel B. Piassick Research Professor of Law, Professor ofPsychology, and Professor of Psychiatry andNeurobehavioral Sciences, University of VirginiaSentencing Guidelines . 95Douglas A. Berman, Robert J. Watkins/Procter & GambleProfessor of Law, The Ohio State UniversityMandatory Minimums . 117Erik Luna, Amelia D. Lewis Professor of Constitutional &Criminal Law, Arizona State University3
4Volume Table of ContentsCapital Punishment . 147Carol S. Steiker, Henry J. Friendly Professor of Law and FacultyCo-Director of the Criminal Justice Policy Program,Harvard UniversityJordan M. Steiker, Judge Robert M. Parker Endowed Chair inLaw and Director of the Texas Capital Punishment Center,University of TexasRace and Sentencing Disparity . 169Cassia Spohn, Foundation Professor of Criminology andDirector of the School of Criminology and Criminal Justice,Arizona State UniversityCommunity Punishments . 187Michael Tonry, McKnight Presidential Professor in CriminalLaw and Policy, University of MinnesotaFines, Fees, and Forfeitures . 205Beth A. Colgan, Assistant Professor of Law, University ofCalifornia, Los AngelesCorrectional Rehabilitation . 235Francis T. Cullen, Distinguished Research Professor Emeritus ofCriminal Justice and Senior Research Associate,University of CincinnatiPrison Conditions . 261Sharon Dolovich, Professor of Law and Director of the UCLAPrison Law and Policy Program, University of California,Los AngelesPrisoners with Disabilities . 295Margo Schlanger, Wade H. and Dores M. McCree CollegiateProfessor of Law, University of MichiganReleasing Older Prisoners . 325Michael Millemann, Professor of Law, University of MarylandRebecca Bowman-Rivas, Law and Social Work Services ProgramManager, University of MarylandElizabeth Smith, Forensic Social Work Fellow,University of Maryland
Volume Table of Contents5Reentry . 341Susan Turner, Professor of Criminology, Law, and Societyand Director of the Center for Evidence-Based Corrections,University of California, IrvineCollateral Consequences . 371Gabriel J. Chin, Edward L. Barrett Chair in Law and MartinLuther King, Jr. Professor of Law, University ofCalifornia, DavisSex Offender Registration and Notification . 397Wayne A. Logan, Gary & Sallyn Pajcic Professor of Law,Florida State UniversityClemency . 419Mark Osler, Robert & Marion Short Distinguished Chair inLaw, University of St. Thomas
RetributionJeffrie G. Murphy*Many scholars and jurists who rightfully deplore the excessivepunishments in our system of criminal justice—excessivein both length and cruelty—place the blame for this excesson the influence of retribution and what they view as thevile emotions of anger, hatred, and vengeance that driveretribution. This understanding of retribution is totally mistakenand, indeed, the best corrective for the evils in our presentsystem of punishment is to be found in retribution properlyunderstood. When properly understood retribution will beseen as grounded not in vengeance but in respect for humandignity and a concept of desert grounded in human dignity.I. RETRIBUTION MISUNDERSTOODIt is now almost universally agreed among informed and thoughtful peoplethat there is something deeply wrong with America’s so-called system of“criminal justice.” Too many social problems are dealt with through criminalpunishment—problems (such as the “war on drugs”) for which the systemis mal-adapted—and many of those who are incarcerated in the system areoften incarcerated with terms of excessive length in prisons that are rampantwith cruelty—rule by gangs and rape being the order of the day—or subjectto such soul-destroying treatment as long-term solitary confinement.1 Suchconditions are likely to render inmates worse people when they come out thanthey were when they went in, particularly given the limited opportunities foradequate health care (including mental health care) and for education or otherrehabilitative programs in prison.2 For those who have served their sentences,*Regents’ Professor of Law, Philosophy, and Religious Studies, Arizona State University.The first section of the present chapter has been drawn (with permission) from my essay, TheJustice of Retribution, 18 HEDGEHOG REV. 100 (2016). The remainder of the present chaptercontains ideas that have been pursued at much greater length and detail in my chapter, LastWords on Retribution, in THE ROUTLEDGE HANDBOOK OF CRIMINAL JUSTICE ETHICS (Jonathan Jacobs& Jonathan Jackson eds., 2017), and in my book, PUNISHMENT AND THE MORAL EMOTIONS: ESSAYS INLAW, MORALITY, AND RELIGION (2012).1.See generally Jeffrey A. Miron, “Drug Prohibition and Violence,” in Volume 1 of thepresent Report; Scott H. Decker, “Gangs,” in Volume 1 of the present Report; Sharon Dolovich,“Prison Conditions,” in the present Volume.2.See, e.g., Margo Schlanger, “Prisoners with Disabilities,” in the present Volume; Francis T.Cullen, “Correctional Rehabilitation,” in the present Volume.7
8Reforming Criminal Justicefew mechanisms exist to gain re-entry into society that will allow them to leadmeaningful lives.3 In some important respects, we might even say—without toomuch distortion—that our system of punishment functions as a mechanismfor condemning some of our citizens to live in the state of nature.This is of concern, not just to those who might be dismissed as bleedingheart, soft-on-crime sentimentalists, but also to those whose credentialsas hard-headed realists cannot be doubted. Consider, for example, thesecomments from Judge Richard Posner dissenting in a prison-conditions case:There are different ways to look upon the inmates of prisons andjails in the United States. One is to look upon them as membersof a different species, indeed as a type of vermin, devoid of humandignity and entitled to no respect. I do not myself consider [them] inthis light. We should have a realistic conception of the compositionof the prison and jail population before deciding that they arescum entitled to nothing better than what a vengeful populaceand a resource-starved penal system chooses to give them. Wemust not exaggerate the distinction between “us,” the lawful ones,the respectable ones, and the prison and jail population; for suchexaggeration will make it too easy for us to deny that populationthe rudiments of humane consideration.4What is the cause of the deplorable state of the American penal system andwhat can be done about it? A variety of distinguished scholars and jurists—most recently, Martha Nussbaum in her expanded John Locke Lectures5—have suggested that the villain is easy to identify: retribution as the value nowdominating the system. Get rid of that value (and the vengeful and angryemotions that drive it) and replace it with something else—mercy or even loveperhaps—and the system will be on the road to recovery.I believe that this diagnosis and suggestion for a cure rests upon amisunderstanding of the concept of retribution. A part of the problem is thatjurists and scholars have not always been entirely clear or consistent on whatis meant by the concept of retribution. I have, for example, changed my mindabout the nature of retribution several times, and, a few years ago, I identifiedand articulated six different conceptions of retribution—all with some meritin my view.6 Alas, the existence of different conceptions may have contributed3.See, e.g., Susan Turner, “Reentry,” in the present Volume.4.Johnson v. Phelan, 69 F.3d 144, 152 (7th Cir. 1993) (Posner, C. J., dissenting).5.See MARTHA C. NUSSBAUM, ANGER AND FORGIVENESS: RESENTMENT, GENEROSITY, JUSTICE (1996).6.See JEFFRIE G. MURPHY, PUNISHMENT AND THE MORAL EMOTIONS: ESSAYS IN LAW, MORALITY, ANDRELIGION ch. 6 (2012).
Retribution9to the belief of many that the very idea of retribution is inherently vague—too much so to play a sig
Director of the Neuroscience and Law Center, Fordham University School of Law Sharon Dolovich, Professor of Law and Director of the UCLA Prison Law and Policy Program, University of California, Los Angeles Cara H. Drinan, Professor of Law, The Catholic University of America Donald A. Dripps, Warren Distinguished Professor of Law, University of
US Department of Justice, World Factbook of Criminal Justice Systems, Bureau of Justice Statistics, Washington DC, 1993 MODULE 2 ASPECTS OF COMPARATIVE CRIMINAL POLICY. 6 Systems of Administration of Criminal Justice (Adversarial & Inquisitorial) . Perspectives on Criminal Justice Systems,
-Organized a panel on International Terrorism for criminal justice department, November 2012. -Advised junior students, from 2012 to present. -Member: Criminal Justice Faculty Search Committee 2013. Chair: Criminal Justice Methods Faculty Search Committee 2014. -Member: Criminal Justice General Faculty Search Committee 2014.
Criminal Justice - CJ CJ 493 Undergraduate Research in Criminal Justice Faculty-guided undergraduate research in criminal justice. CJ 494 Criminal Justice Practicum Observation, participation, and study in selected criminal justice agencies. Economics - EC EC 332 Monetary Policy Analysis for Fed Challenge
School of Criminal Justice Dis-tinguished Alumni Award from the University at Albany, State University of New York. The School of Criminal Justice has a well-regarded doctoral program in Criminal Justice. Professor Zalman is a graduate of this pro-gram. Each year, the School of Criminal Justice at the Univer-sity at Albany selects two alumni
3. Articulate and defend differing views on contemporary criminal justice issues. 4. Analyze the sources of political influence over Criminal Justice Policy 5. Use a range of resources to research a contemporary issue in criminal justice 6. Apply criminal justice research methods to current issues in criminal justice Course Textbook:
begin an analysis of the entire criminal justice system by focusing on various decision making points. The Framework for Evidence-Based Decision Making in Local Criminal Justice Systems is being relied upon as efforts are focused on a comprehensive approach to achieving a fair, effective and efficient criminal justice system in Dutchess County.
Criminal Justice Information Project Catherine Plummer, SEARCH Pamela Scanlon, Automated Regional Justice Information System Laurie Smith, Kalamazoo Criminal Justice Council Integrated Justice Information System Institute (Integrated Justice Information Systems): Susan Bates, Justice Management Inc. Steve Mednick, Law Offices of Steven G.
replacement while the plant is kept in operation is fairly simple. Reforming The most critical and cost intensive part of the synthesis gas generation is the reforming section. The following three process alternatives have been selected for this comparison: Concept 1: Enlargement of existing primary / secondary reforming section
