NCJ Number
13723
Date Published
1973
Length
854 pages
Annotation
TREATISE ON THE LAW OF CORRECTIONS, INCLUDING SENTENCING, PROBATION, PAROLE, IMPRISONMENT, FINES AND RESTITUTION, AND PRISONER'S RIGHTS.
Abstract
THE DYNAMIC BODY OF CRIMINAL CORRECTIONS LAW IS THE HEART OF THE DAY TO DAY WORK OF OUR COURTS AND CORRECTIONAL SYSTEMS. FEW WOULD HAVE PREDICTED THE EXTENT OF CHANGE IN THIS FIELD SINCE THE PUBLICATION OF THE FIRST EDITION OF THIS TREATISE IN 1963. IN THIS SECOND EDITION, THE AUTHOR EXAMINES THE REVIVAL OF THE EIGHTH AMENDMENT PROHIBITION OF CRUEL AND UNUSUAL PUNISHMENT AND ITS OFFSPRING, THE SUPREME COURT DECLARATION THAT THE DEATH PENALTY IS UNCONSTITUTIONAL. HE ANALYZES THE REDUCTION IN PRISON POPULATIONS, THE ABOLITION OF IMPRISONMENT FOR IMPOVERISHED DEFENDANTS WHO CANNOT PAY FINES, AND THE PROPOSAL THAT PRISONS AS WE KNOW THEM COULD BE ABOLISHED. NO LONGER DOES THE CONSTITUTION STOP AT THE PRISON GATES - THERE HAS BEEN AN UPSURGE IN PRISONER LITIGATION, AND NOW SOME COURTS RECOGNIZE A RIGHT TO PROBATION AND TO DUE PROCESS IN PAROLE PROCEDURES. THE TREATISE REVIEWS THE HISTORICAL DEVELOPMENT OF THE LAW OF CRIMINAL CORRECTIONS, AND OUTLINES THE SENTENCING, IMPRISONMENT, PUNISHMENT, PROBATION, AND PAROLE PROCESSES. THE TREATMENT AND RIGHTS OF MISDEMEANANTS, FELONS, AND RECIDIVISTS, AS WELL AS YOUTHFUL AND MENTALLY ILL DEFENDANTS, ARE DISCUSSED. THE AUTHOR ARGUES THAT ALTHOUGH ADVANCES HAVE BEEN MADE IN THE FIELD, MANY PRACTICES AND RULES REMAIN ARCHAIC. FACTORS SUCH AS INCREASED AWARENESS OF PRISON CONDITIONS BY STATE AND LOWER FEDERAL COURTS, AND THE ACTIVITY OF THE SUPREME COURT IN CORRECTIONAL LAW, HE CONTENDS, SUGGEST THAT THE NEXT DECADE MAY BE AS PRODUCTIVE IN THIS AREA OF THE LAW AS THE LAST. (SNI ABSTRACT)