Prison Law Blog

Sara Mayeux

Posts Tagged ‘marie gottschalk

Is the U.S. Law School Curriculum (Partly) to Blame for Mass Incarceration?

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Let’s say you want to learn more about the recent history of mass incarceration in the United States, but you only have time for one book. Although there are many excellent candidates, one that I’d recommend is The Prison and the Gallows, by Marie Gottschalk (Cambridge UP, 2006). Gottschalk synthesizes a lot of scholarly literature to provide a one-volume chronicle of the explosive growth of the U.S. prison population in the past 30 years. She seeks to explain the uniquely American social and political forces that enabled this development, juxtaposing the U.S. against all the other Western nations which did not experience similar growth in the penal system. I found particularly useful Gottschalk’s chapter on why the rhetoric of “victims’ rights” gained such political force in the United States as a justification for passing harsher sentencing laws. Short answer: Our tradition of prosecutorial discretion, combined with federalism. (Longer but still oversimplified answer below.)

On top of those factors, Gottschalk argues, “Differences in the legal training, professional norms, and career paths of prosecutors, judges, and other judicial administrators are another reason why the U.S. criminal justice system has been more vulnerable to political winds whipped up by politicians and social movements” (98). I thought I’d highlight one passage in which Gottschalk compares German and American legal training: Read the rest of this entry »

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