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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.

Tabla de contenidos provista por Syndetics

• Contributors(p. ix)
• Introduction: Enhancing Judicial Capacity(p. 3)
• 1. The Impact of Judicial Intervention on Prisons and Jails: A Framework for Analysis and a Review of the Literature(p. 12)
• The Three Faces of Ruiz(p. 47)
• 2. The Old Regime and the Ruiz Revolution: The Impact of Judicial Intervention on Texas Prisons(p. 51)
• 3. Ruiz: A Struggle over Legitimacy(p. 73)
• 4. Ruiz: Intervention and Emergent Order in Texas Prisons(p. 94)
• 5. Politics and Constitutional Interpretation in Prison Reform Litigation: The Case of Guthrie v. Evans(p. 115)
• 6. When Intervention Works: Judge Morris E. Lasker and New York City Jails(p. 138)
• 7. The Rule of Law, Disciplinary Practices, and Rahway State Prison: A Case Study in Judicial Intervention and Social Control(p. 173)
• 8. Crain: Nonreformist Prison Reform(p. 223)
• 9. Judicial Appointment and Judicial Intervention: The Issuance of Structural Reform Decrees in Correctional Litigation(p. 249)
• 10. Courts, Corrections, and the Constitution: A Practitioner's View(p. 268)
• 11. Conclusion: What Judges Can Do to Improve Prisons and Jails(p. 287)
• Index(p. 323)

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CHOICE Review

A scholarly and useful collection by 14 academic and practicing social scientists and lawyers on the growing phenomenon of judicial intervention in prison and jail administration, through condition suits filed by inmates. There are detailed case studies of the intervention in the state prison systems in Texas (three pieces), Georgia, West Virginia, and New Jersey, and in the New York City jails. Two other essays reflect generally on the practice of intervention. Very helpful is a review of the literature of the field. The studies find favor with intervention and there is data to show that the partisan politics of judge selection is not apt to change the good results. Heavily documented, with good index. Highly recommended for public, college, university, and law libraries. -L. E. Noble Jr., Clark Atlanta University

Notas de autor provistas por Syndetics

John J. DiIulio, Jr. is Professor of Politics and Public Affairs, Woodrow Wilson School of Public and International Affairs, at Princeton University