Description
The Oxford Handbook of Sentencing explores one of the most consequential and contested decision-points in the criminal justice system: whether and how to punish those convicted of crimes. During this period of political polarization, declining trust in institutions, and concerns about the treatment of immigrants in the United States and elsewhere, longstanding sentencing practices are being questioned and reforms are afoot. This volume examines how sentencing policies and practices have evolved, and crucially, where they might go next.Drawing on the insights of leading scholars, the Handbook situates contemporary sentencing within a broader historical and social context. It traces the policies that gave rise to mass incarceration, the shifting philosophies behind punishment, and the consequences of punitive sentencing. From the enduring legacies of the war on drugs to the rise of "crimmigration" and the lessons from COVID-19's shock to the courts, the volume looks at the forces that influence sentencing decisions and the policy levers available to reformers.This volume also confronts the longstanding inequalities associated with sentencing practices, including racial and citizenship-based disparities. It examines how decisions made at various stages of the criminal justice process - from legislation to charging to parole - contribute to disparities. Some chapters identify opportunities for reform, offering insights for a sentencing paradigm that balances crime control, due process, and equality.
Table of Contents
Introduction: Sentencing in Uncertain Times, Ryan D King and Michael T LightPart I. The Punitive Era in Context1. A History of American Sentencing, Nancy Gertner2. Just Let 'Em Out, Todd R Clear3. U.S. Incarceration and Sentencing in Comparative Perspective, Tapio Lappi-SeppäläPart II. Consequences of Sentencing Policy and Practice4. The Role of Policy in Prison Growth and Decline, Derek Neal and Armin Rick5. Some Things Never Change: Revisiting the Empirical Evidence on the Effectiveness of the "Deterrence through Severity" Model in Reducing Crime, Cheryl Marie Webster6. Downstream Consequences: The Children of the Prison Boom, Amanda Geller and P'trice JonesPart III. Case Processing7. Prosecutorial Discretion and Sentencing, Carissa Byrne Hessick8. The Pre-trial Detention and Punishment Nexus: Reforms to Address the Immediate Pains and Downstream Consequences of Detention, Nick Petersen and Stacie St. Louis9. Does Criminal History Count Too Much in Sentencing Decisions?, Rhys Hester10. Legality, Dignity, and Discretion: An Argument to (Re)Structure Parole-Release Decisions, Kristen BellPart IV. Racial Disparities and Inequalities11. Race, Crime, and the Prison Buildup, Michael Javen Fortner and Cameron Stevens12. The Shifting Color Line: Skin Tone Stratification and Criminal Legal Outcomes, Brian D Johnson and Sean Houlihan13. Prosecutors and the Production of Racial Inequality in Sentencing, Mona Lynch14. Inequalities in the Death Penalty: Race, Victims, and Geographic Arbitrariness, Jeffery T Ulmer15. From Racialized Punishment to Care and Accountability: Reimagining Justice through a Historically Informed, Racial Equity Lens, Sandra Susan Smith and Felix OwusuPart V. Sentencing Immigrants and Noncitizens16. Punishing Immigration, Ingrid V Eagly17. Immigration Federalism and Noncitizen Punishment Inequality, Michael T Light and Avery Warner18. Punishing Mobility in Europe, Maartje van der Woude and Vanessa BarkerPart VI. Sentencing and the Possibility of Reform19. After 40 Years of Sentencing Guidelines, Should There be 40 More?, Richard S Frase20. "Progressive" Prosecutors and "Proper" Punishments, Benjamin Levin21. Assessing the Early Influence of the Model Penal Code's Revised Sentencing Provisions, Cecelia Klingele22. Sentencing Information Systems, Sema A Taheri and Robert Hutchison23. Legalization and Decriminalization of Drugs: Starting the Next Sentencing Revolution?, Douglas A Berman24. Sentencing in Europe: What Lessons Can We Draw?, Tatjana Hörnle
