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Courts, Corrections, and the Constitution : The Impact of Judicial Intervention on Prisons and Jails - John J. DiIulio

Courts, Corrections, and the Constitution

The Impact of Judicial Intervention on Prisons and Jails

By: John J. DiIulio (Editor)

Hardcover Published: 13th September 1990
ISBN: 9780195061413
Number Of Pages: 350

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By some definitions, most American prisons and jails are overcrowded; by any definition, many penal facilities are filthy and violence-ridden. Over the last twenty years, dozens of state and local corrections systems have come under court orders to reform. What have been the causes and consequences of judicial involvement in this area, and how in the future can judges act to improve the quality of life behind bars at a reasonable human and financial cost? This volume by a diverse and distinguished group of contributors provides a much needed answer to this question. It offers an introductory statement on enhancing judicial capacity; a critical review of the relevant literatures; original in-depth analyses of selected state and local cases; a statistical study of the likely effect of the "Republicanization" of the federal bench on judicial involvement; and a provocative essay by a corrections practitioner with over three decades of litigation experience. Under the heading "What Judges Can Do to Improve Prisons and Jails," the concluding chapter by DiIulio highlights key findings, offers policy prescriptions, and suggests an agenda for future research.

'a useful contribution to the growing literature on new generation prisons' Mick Ryan, Thames Polytechnic, British Journal of Criminology, Summer '92

Contributorsp. ix
Introduction: Enhancing Judicial Capacityp. 3
The Impact of Judicial Intervention on Prisons and Jails: A Framework for Analysis and a Review of the Literaturep. 12
The Three Faces of Ruizp. 47
The Old Regime and the Ruiz Revolution: The Impact of Judicial Intervention on Texas Prisonsp. 51
Ruiz: A Struggle over Legitimacyp. 73
Ruiz: Intervention and Emergent Order in Texas Prisonsp. 94
Politics and Constitutional Interpretation in Prison Reform Litigation: The Case of Guthrie v. Evansp. 115
When Intervention Works: Judge Morris E. Lasker and New York City Jailsp. 138
The Rule of Law, Disciplinary Practices, and Rahway State Prison: A Case Study in Judicial Intervention and Social Controlp. 173
Crain: Nonreformist Prison Reformp. 223
Judicial Appointment and Judicial Intervention: The Issuance of Structural Reform Decrees in Correctional Litigationp. 249
Courts, Corrections, and the Constitution: A Practitioner's Viewp. 268
Conclusion: What Judges Can Do to Improve Prisons and Jailsp. 287
Indexp. 323
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780195061413
ISBN-10: 0195061411
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 350
Published: 13th September 1990
Publisher: Oxford University Press Inc
Country of Publication: US
Dimensions (cm): 21.7 x 14.9  x 3.1
Weight (kg): 0.59