Creating the permanent prisoner

Life without Parole: America's New Death Penalty?

Volumn , Issue , 2012, Pages 96-137

  Dolovich, Sharon ^a  

^a UNIVERSITY OF CALIFORNIA   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 84887486127     PISSN: None     EISSN: None     Source Type: Book    
DOI: None     Document Type: Chapter

References (94)

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3. Nkechi Taifa and Catherine Beane, "Integrative Solutions to Interrelated Issues: A Multidisciplinary Look behind the Cycle of Incarceration," Harvard Law & Policy Review 3 (Summer 2009): 283-306
4. Sharon Dolovich, "Foreword: Incarceration American-Style," Harvard Law & Policy Review 3 (Summer 2009): 237-39
5. Sharon Dolovich, "Exclusion and Control in the Carceral State," Berkeley Journal of Criminal Law 16 (2011): 259
6. William J. Sabol and Heather Coutre, Prison Inmates at Midyear 2007 (Washington, DC: U.S. Department of Justice, Bureau of Justice Statistics, June 2008), 7
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8. Loic Wacquant, "Class, Race and Hyperincarceration in Revanchist America," Daedalus (Summer 2010): 74-90
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10. Jennifer Gonnerman, Life on the Outside: The Prison Odyssey of Elaine Bartlett (New York: Farrar, Straus and Giroux, 2004)
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15. Mona Lynch, "The Contemporary Penal Subject(s)," in After the War on Crime: Race, Democracy, and a New Reconstruction, ed. Mary Louise Frampton, Ian Haney López, and Jonathan Simon, 89-105 (New York: NYU Press, 2008).
16. Kate Stith and José A. Cabranes, Fear of Judging: Sentencing Guidelines in the Federal Courts (Chicago: University of Chicago Press, 1998), 18-19.
17. See Lynch, Sunbelt Justice, 95 (explaining that legislative revision of the Arizona penal code in 1977 "dramatically decrease[d] judicial discretion in sentencing," suggesting that prior to 1977 state judges had considerable discretion in this arena)
18. Stith and Cabranes, Fear of Judging, 21
19. Joan Petersilia, When Prisoners Come Home: Parole and Prisoner Reentry (New York: Oxford University Press, 2003), 58
20. Petersilia, When Prisoners Come Home, 62
21. Petersilia, When Prisoners Come Home, 60-63
22. Petersilia, When Prisoners Come Home, 65
23. Francis Allen, The Decline of the Rehabilitative Ideal: Penal Policy and Social Purpose (New Haven: Yale University Press, 1981), 2
24. Haney, "Counting Casualties," 93
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26. Taifa and Beane, "Integrative Solutions to Interrelated Issues," 283-306
27. Petersilia, When Prisoners Come Home, 60-63
28. Jerome Miller, "Criminology: Is Rehabilitation a Waste of Time?," Washington Post, April 23, 1989
29. Petersilia, When Prisoners Come Home, 65
30. Steven Donziger, ed., The Real War on Crime: Report of the National Criminal Justice Commission (New York: HarperPerennial, 1996), 24.
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33. Wilson, Thinking about Crime, 193
34. Lynch, "The Contemporary Penal Subject(s)," 95
35. Christopher J. Mumola and Jennifer C. Karberg, Drug Use and Dependence, State and Federal Prisoners 2004
36. Jennifer C. Karberg and Doris J. James, Substance Dependence, Abuse, and Treatment of Jail Inmates, 2002.
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38. Bruce Western, Becky Pettit, and Josh Guetzkow, "Black Economic Progress in the Era of Mass Imprisonment," in Invisible Punishment: The Collateral Consequences of Mass Imprisonment, ed. Marc Mauer and Meda Chesney-Lind (New York: New Press, 2002), 176
39. Donald Braman, "Families and Incarceration," Mauer and Chesney-Lind, Invisible Punishment, 120
40. Tracy Huling, "Building a Prison Economy in Rural Areas," in Mauer and Chesney-Lind, Invisible Punishment, 197-99
41. Braman, "Families and Incarceration," 117-18
42. Terry A. Kupers, "Prison and the Decimation of Pro-Social Life Skills," in The Trauma of Psychological Torture, ed. Almerindo E. Ojeda (Westport, CT: Praeger, 2008), 10.
43. Silja J. A. Talvi, "Deadly Staph Infection 'Superbug' Has a Dangerous Foothold in U.S. Jails," Alternet, December 4, 2007, http://www.alternet.org/story/69576/%20?page=entire
44. Brent Staples, "Treat the Epidemic behind Bars before It Hits the Streets," New York Times, June 22, 2004
45. Jessica R. MacNeil, Mark N. Lobato, and Marisa Moore, "An Unanswered Health Disparity: Tuberculosis among Correctional Inmates, 1993 through 2003," American Journal of Public Health 95 (October 2005): 1800-05
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49. Leena Kurki and Norval Morris, "Supermax Prisons," Crime and Justice: A Review of Research 28 (2001): 385-424
50. Atul Gawande, "Hellhole: The United States Holds Tens of Thousands of Inmates in Long-Term Solitary Confinement: Is This Torture?," New Yorker, March 30, 2009, http:// www.newyorker.com/reporting/2009/03/30/090330fa_fact_gawande.
51. Terry A. Kupers, "Rape and the Prison Code," in Prison Masculinities, ed. Don Sabo, Terry A. Kupers, and Willie London (Philadelphia: Temple University Press, 2001), 114-15.
52. Sharon Dolovich, "Strategic Segregation in the Modern Prison," American Criminal Law Review 48 (2011): 11-19
53. Derrick Corley, "Prison Friendships," in Sabo, Kupers, and London, Prison Masculinities, 106
54. Kupers, "Rape and the Prison Code," 114
55. Don Sabo, "Doing Time, Doing Masculinity: Sports and Prison," in Sabo, Kupers, and London, Prison Masculinities, 64
56. Corley, "Prison Friendships," 106
57. Sabo, "Doing Time, Doing Masculinity," 65
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59. James E. Robertson, "'Fight or F...' and Constitutional Liberty: An Inmate's Right to Self-Defense When Targeted by Aggressors," Indiana Law Review 29 (1995)
60. James Gilligan, Violence: Reflections on a National Epidemic (New York: Vintage, 1996), 163
61. Alice Ristroph, "Sexual Punishments," Columbia Journal of Gender & Law 15 (2006): 150
62. Donaldson, "A Million Jockers, Punks, and Queens," 120. This assumes, of course, that a person threatened with rape has the time to choose a protector before he is raped and thereby recast in the prison culture as the property of his rapist.
63. Judith Herman, Trauma and Recovery (New York: Basic Books, 1992), 74
64. Agamben, Homo Sacer, 104-05
65. Jonathan Simon, "Dignity and Risk: The Long Road from Graham v. Florida to Abolition of Life without Parole," this volume, 304.
66. Nellis and King, No Exit, 9-10 and figure 2
67. Marc Mauer, Ryan S. King, and Malcolm C. Young, The Meaning of "Life": Long Prison Sentences in Context (Washington, DC: Sentencing Project, May 2004), 11.
68. Nellis and King, No Exit, 7, figure 1, and 10, figure 2
69. Keith Wattley, Introduction to Life Sentences in California (presentation at UCLA School of Law, November 10, 2010)
70. Jennifer Chaussee, "For Paroled Lifers, Release Dates May Come Only with the Courts," Capitol Weekly, January 13, 2011, http:// www.capitolweekly.net/article.php?_c=zoljk3t6h7py52&xid=zezqccws115j0p&done=. zoljrhd06nhzvs.
71. Nellis and King, No Exit, 6
72. Ashley Nellis, "Throwing Away the Key: The Expansion of Life without Parole Sentences in the United States," Federal Sentencing Reporter 23 (October 2010): 28-29
73. Keith Wattley, personal communication, February 4, 2011
74. Dee Reid, "The Fair Sentencing Act: Setting the Record Straight," North Carolina Insight 9 (March 1987): 42-49
75. Bruce Mildwurf, "Sentencing Policy at Center of Convicts' Release," Associated Press, October 23, 2009 (updated November 19, 2009), http://www.wral.com/news/state/story/6272596/.
76. Robbie Brown, "North Carolinians Bridle over Plan to Free Inmates," New York Times, October 17, 2009
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78. Devah Pager, Marked: Race, Crime, and Finding Work in an Era of Mass Incarceration (Chicago: University of Chicago Press, 2007), 24
79. Becky Pettit and Christopher J. Lyons, "Status and the Stigma of Incarceration: The Labor-Market Effects of Incarceration, by Race, Class, and Criminal Involvement," in Barriers to Reentry? The Labor Market for Released Prisoners in Post-industrial America, ed. Shawn Bushway, Michael A. Stoll, and David F. Weiman (New York: Russell Sage Foundation, 2007), 203-05
80. Nancy G. La Vigne, Elizabeth Davies, Tobi Palmer, and Robin Halberstadt, Release Planning for Successful Reentry: A Guide for Corrections, Service Providers, and Community Groups (Washington, DC: Urban Institute Justice Policy Center, September 2008), 10-11
81. Webb Hubbell, "The Mark of Cain," San Francisco Chronicle, June 10, 2001
82. Michael Pinard, "Collateral Consequences of Criminal Convictions: Confronting Issues of Race and Dignity," New York University Law Review 85 (May 2010): 489-94
83. Gabriel J. Chin, "Race, the War on Drugs, and the Collateral Consequences of a Drug Conviction," Journal of Gender, Race & Justice 6 (Fall 2002): 260.
84. http://isrweb.isr.temple.edu/projects/accproject/.
85. Sharon Dolovich, "Cruelty, Prison Conditions, and the Eighth Amendment," New York University Law Review 84 (October 2009): 919-20
86. Gwen Rubenstein and Debbie Mukamal, "Welfare and Housing-Denial of Benefits to Drug Offenders," in Mauer and Chesney-Lind, Invisible Punishment, 41
87. Jessica S. Henry, "Death-in-Prison Sentences: Overutilized and Underscrutinized," this volume, 78-79.
88. Sharon Dolovich, "Legitimate Punishment in Liberal Democracy," Buffalo Criminal Law Review 7 (2004): 307-442
89. Dave Grossman, On Killing: The Psychological Cost of Learning to Kill in War and Society (New York: Little, Brown, 1995), 35-36, 249-62
90. I. Bennett Capers, "Defending Life," this volume, 167-89.
91. Henry, "Death-in-Prison Sentences," 82-87
92. Tracey L. Snell, Capital Punishment 2009-Statistical Tables (Washington, DC: U.S. Department of Justice, Bureau of Justice Statistics, December 2010), 1.
93. Agamben, State of Exception, 1-4, 22
94. Jeremy Travis, But They All Come Back: Facing the Challenges of Prisoner Reentry (Washington, DC: Urban Institute Press, 2005)