Abstract

http://ssrn.com/abstract=2045096
 
 

Footnotes (311)



 


 



Realignment of Incarcerative Punishment: Sentencing Reform and the Conditions of Confinement


Ken Strutin


Government of the State of New York - New York State Defenders Association (NYSDA)

2012

William Mitchell Law Review, Vol. 38, No. 4, p. 1313, 2012

Abstract:     
Part I of this article begins with a review of the state of incarceration as viewed through the lens of prison populations. Then in Part II, the Supreme Court’s watershed decision in Brown v. Plata is explored, along with an analysis of its justifications for upholding a mass release order to remedy the inadequate medical and mental health facilities in an overcrowded state prison system. Part III describes California’s novel choice of realignment legislation to comply with this order as a legislative approach that does not result in mass release but rather a mass redirection of incoming offenders away from state prisons and into the local corrections system. The potential for criminal sentencing reform inspired by the Court’s decision and the state’s realignment policy are further explored in Part IV, which examines past and present efforts to fine-tune incarcerative sentencing outcomes mindful of the conditions of confinement. Finally, additional suggestions for uncovering and taking into account the conditions of confinement as an aid to reform are considered at different points along the adjudication spectrum.

Number of Pages in PDF File: 62

Accepted Paper Series





Download This Paper

Date posted: April 23, 2012  

Suggested Citation

Strutin, Ken, Realignment of Incarcerative Punishment: Sentencing Reform and the Conditions of Confinement (2012). William Mitchell Law Review, Vol. 38, No. 4, p. 1313, 2012. Available at SSRN: http://ssrn.com/abstract=2045096

Contact Information

Ken Strutin (Contact Author)
Government of the State of New York - New York State Defenders Association (NYSDA) ( email )
194 Washington Avenue
Albany, NY 12210
United States
HOME PAGE: http://www.nysda.org
Feedback to SSRN


Paper statistics
Abstract Views: 648
Downloads: 109
Download Rank: 151,999
Footnotes:  311

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.375 seconds