Teaching the Carceral Crisis: An Ethical and Pedagogical Imperative
13 MARGINS (University of Maryland Law Journal of Race, Religion, Gender and Class) 104 (July 2013), 104-133
31 Pages Posted: 21 May 2014 Last revised: 16 Aug 2014
Date Written: July 3, 2013
Law schools have done a poor job educating future members of the bench and bar about the criminalization, conviction, and incarceration crisis in criminal justice administration in the United States. This Article sketches the contours of this curricular failure, and concludes that no single criminal law or sentencing casebook -- and few criminal justice-related courses -- treats these issues with the seriousness that each deserves. The Article considers whether and how to incorporate hyper-criminalization, conviction and incarceration into standard law school courses. Inclusion of these issues can expand students' career prospects, encourage further critical study, and, ultimately, has the potential to alter both the pace and the scope of the country's current troubling criminal justice trends.
Keywords: Legal Education; Hyper Incarceration; Mass Incarceration; Pedagogy; Law Student Professional Development; Offender Reentry; Prison Law; Brown v. Plata; Padilla v. Kentucky
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