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Criminal Law

: Sentencing Law and Policy

"Hyper-Incarceration and Strategies of Disruption: Is There a Way Out?"

By Douglas A. Berman

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The title of this post is the headline of this new article by Louis Michael Seidman now available via SSRN. Here is the abstract: This paper explores exit strategies from our policy of hyper-incarceration.  On the theory that the underlying causes of the policy are firmly entrenched, it focuses instead on disrupting the political micro-processes that make the policy seem acceptable.  Part One describes these micro-processes.  Parts Two through Four outline three forms of politics that might disrupt them: a politics of amelioration, a politics of transformation, and a politics of accommodation.  Part V assesses the available choices for what is to be done.

Full post as published by Sentencing Law and Policy on December 16, 2010 (boomark / email).

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