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Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration

Description:

An influential legal scholar argues that the Supreme Court played a pivotal role in the rise of mass incarceration in America.

With less than 5 percent of the world’s population and almost a quarter of its prisoners, America indisputably has a mass incarceration problem. How did it happen? Tough-on-crime politics and a racially loaded drug war are obvious and important culprits, but another factor has received remarkably little attention: the Supreme Court. The Constitution contains numerous safeguards that check the state’s power to lock people away. Yet since the 1960s the Supreme Court has repeatedly disregarded these limits, bowing instead to unfounded claims that adherence to the Constitution is incompatible with public safety.

In Justice Abandoned, Rachel Barkow highlights six Supreme Court decisions that paved the way for mass incarceration. These rulings have been crucial to the meteoric rise in pretrial detention and coercive plea bargaining. They have enabled disproportionate sentencing and overcrowded prison conditions. And they have sanctioned innumerable police stops and widespread racial discrimination. If the Court were committed to protecting constitutional rights and followed its standard methods of interpretation, none of these cases would have been decided as they were, and punishment in America would look very different than it does today.

More than just an autopsy of the Supreme Court’s errors, Justice Abandoned offers a roadmap for change. Barkow shows that the originalist methodology adopted by the majority of the current Court demands overturning the unconstitutional policies underlying mass incarceration. If the justices genuinely believe in upholding the Constitution in all cases, then they have little choice but to reverse the wrongly decided precedents that have failed so many Americans.

Read more

Editorial Reviews

Review

“Groundbreaking, engrossing, and authoritative…[Barkow] is standing up for liberty.”―Lincoln Caplan, Harvard Magazine

“Lays at the feet of the U.S. Supreme Court the explosion of incarceration that started in the 1970s and continued through the turn of the century, on to today.”―Arthur Rizer, Federalist Society

“Makes a strong case that the Framers would have been dismayed by developments such as routine pretrial detention, search and seizure without probable cause, and a plea-bargaining system that has turned the promise of trial by jury into a fantasy. By explaining why these decisions should trouble originalists, Barkow makes it seem at least possible that the Supreme Court might correct some of its mistakes.”―Jacob Sullum, Reason

“Extraordinary…A meticulously researched and powerfully argued account of the detrimental consequences of modern Supreme Court criminal justice opinions and―not coincidentally―how antithetical those opinions are to the original understanding of the Constitution.”―Mike Fox, Cato at Liberty

“An intelligent, essential compendium that creates a 360-degree view of the United States’ crisis of mass incarceration.”―Tina Panik, Library Journal (starred review)

“Demonstrate[s] the consistent inclination of several different groups of Justices to fail to do the job the Court is supposed to do, which is to uphold the Constitution, particularly as various sections of that document relate to mass incarceration.”―Bill Littlefield, Arts Fuse

“[A] fine-grained account…by framing her arguments as genuine originalism, Barkow’s explicit and laudably practical aim is to help lawyers strategize how to win over today’s court.”―Publishers Weekly

“In Justice Abandoned, Rachel Barkow reveals how the Supreme Court―over six decisions spanning twenty-five years―slowly and methodically paved the way for mass incarceration. Her precise, powerful analysis proves that each case could, and should, have come out differently. If you want to understand how America came to be the world’s largest jailer, you simply must read this book.”―James Forman, Jr., author of Locking Up Our Own

“How does the Supreme Court bear responsibility for mass incarceration? Rachel Barkow lays out the crucial wrong turns the Court has taken. Justice Abandoned is learned and accessible―and full of ideas for how the law could and should change.”―Emily Bazelon, author of Charged

“Rachel Barkow delivers an insightful and meticulously researched retelling of six Supreme Court cases that shaped the US incarceration system as we know it today. Her work highlights a history we should all confront if we are to right the wrongs of our past and reform the status quo―which, as she demonstrates, was brought about as much by the Supreme Court as by political actors.”―Preet Bharara, author of Doing Justice

“Most people, whether concerned citizens or specialists, think that mass incarceration is the result of bad policies, overreaching police and prosecutors, and structural racism. Justice Abandoned shows that the Supreme Court is also to blame for repeatedly failing to stand up for individual liberty in the face of government claims that public safety requires suppressing rights. Writing with clarity and verve, the brilliant Rachel Barkow unpacks six dramatic moments when the Court got it wrong and enabled the imprisonment of millions of people who would not face incarceration in any other liberal democracy on earth.”―Noah Feldman, author of Scorpions

About the Author

Rachel Elise Barkow is the Charles Seligson Professor of Law and Faculty Director of the Zimroth Center on the Administration of Criminal Law at NYU School of Law. A past member of the United States Sentencing Commission, she is the author of Prisoners of Politics: Breaking the Cycle of Mass Incarceration.

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Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration

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Unless otherwise stated, all prices displayed on the product page include applicable taxes and import duties.

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Visit the Rachel Elise Barkow (Author) Store

Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration

Product ID: U067429422K
Condition: New
Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration-0
Type: Hardcover

QAR22251

Price includes VAT & Import Duties
Availability: In Stock

Quantity:

|

Order today to get by 7-14 business days

This item qualifies for free delivery

Returns & Warranty policies

Imported From: United States

At BOLO, we work hard to ensure the products you receive are new, genuine, and sourced from reputable suppliers.

Every product in the BOLO catalogue is sourced through our Verified Global Supply Network of verified sellers, authorized distributors or directly from the manufacturer.

Each product undergoes thorough inspection and verification at our consolidation and fulfilment centers to ensure it meets our strict authenticity and quality standards before being shipped and delivered to you.

If you ever have concerns regarding the authenticity of a product purchased from us, please contact Bolo Support. We will review your inquiry promptly and, if necessary, provide documentation verifying authenticity or offer a suitable resolution.

Your trust is our top priority, and we are committed to maintaining transparency and integrity in every transaction.

While we strive to display accurate information, variations in packaging, labeling, instructions, or formulation may occasionally occur due to regional differences or supplier updates. For detailed or manufacturer-specific information, please contact the brand directly or reach out to BOLO Support for assistance.

Unless otherwise stated, all prices displayed on the product page include applicable taxes and import duties.

BOLO operates in accordance with the laws and regulations of Qatar. Any items found to be restricted or prohibited for sale within the Qatar will be cancelled prior to shipment. We take proactive measures to ensure that only products permitted for sale in Qatar are listed on our website.

All items are shipped by air, and any products classified as “Dangerous Goods (DG)” under IATA regulations will be removed from the order and cancelled.

All orders are processed manually, and we make every effort to process them promptly once confirmed. Products cancelled due to the above reasons will be permanently removed from listings across the website.

Description:

An influential legal scholar argues that the Supreme Court played a pivotal role in the rise of mass incarceration in America.

With less than 5 percent of the world’s population and almost a quarter of its prisoners, America indisputably has a mass incarceration problem. How did it happen? Tough-on-crime politics and a racially loaded drug war are obvious and important culprits, but another factor has received remarkably little attention: the Supreme Court. The Constitution contains numerous safeguards that check the state’s power to lock people away. Yet since the 1960s the Supreme Court has repeatedly disregarded these limits, bowing instead to unfounded claims that adherence to the Constitution is incompatible with public safety.

In Justice Abandoned, Rachel Barkow highlights six Supreme Court decisions that paved the way for mass incarceration. These rulings have been crucial to the meteoric rise in pretrial detention and coercive plea bargaining. They have enabled disproportionate sentencing and overcrowded prison conditions. And they have sanctioned innumerable police stops and widespread racial discrimination. If the Court were committed to protecting constitutional rights and followed its standard methods of interpretation, none of these cases would have been decided as they were, and punishment in America would look very different than it does today.

More than just an autopsy of the Supreme Court’s errors, Justice Abandoned offers a roadmap for change. Barkow shows that the originalist methodology adopted by the majority of the current Court demands overturning the unconstitutional policies underlying mass incarceration. If the justices genuinely believe in upholding the Constitution in all cases, then they have little choice but to reverse the wrongly decided precedents that have failed so many Americans.

Read more

Editorial Reviews

Review

“Groundbreaking, engrossing, and authoritative…[Barkow] is standing up for liberty.”―Lincoln Caplan, Harvard Magazine

“Lays at the feet of the U.S. Supreme Court the explosion of incarceration that started in the 1970s and continued through the turn of the century, on to today.”―Arthur Rizer, Federalist Society

“Makes a strong case that the Framers would have been dismayed by developments such as routine pretrial detention, search and seizure without probable cause, and a plea-bargaining system that has turned the promise of trial by jury into a fantasy. By explaining why these decisions should trouble originalists, Barkow makes it seem at least possible that the Supreme Court might correct some of its mistakes.”―Jacob Sullum, Reason

“Extraordinary…A meticulously researched and powerfully argued account of the detrimental consequences of modern Supreme Court criminal justice opinions and―not coincidentally―how antithetical those opinions are to the original understanding of the Constitution.”―Mike Fox, Cato at Liberty

“An intelligent, essential compendium that creates a 360-degree view of the United States’ crisis of mass incarceration.”―Tina Panik, Library Journal (starred review)

“Demonstrate[s] the consistent inclination of several different groups of Justices to fail to do the job the Court is supposed to do, which is to uphold the Constitution, particularly as various sections of that document relate to mass incarceration.”―Bill Littlefield, Arts Fuse

“[A] fine-grained account…by framing her arguments as genuine originalism, Barkow’s explicit and laudably practical aim is to help lawyers strategize how to win over today’s court.”―Publishers Weekly

“In Justice Abandoned, Rachel Barkow reveals how the Supreme Court―over six decisions spanning twenty-five years―slowly and methodically paved the way for mass incarceration. Her precise, powerful analysis proves that each case could, and should, have come out differently. If you want to understand how America came to be the world’s largest jailer, you simply must read this book.”―James Forman, Jr., author of Locking Up Our Own

“How does the Supreme Court bear responsibility for mass incarceration? Rachel Barkow lays out the crucial wrong turns the Court has taken. Justice Abandoned is learned and accessible―and full of ideas for how the law could and should change.”―Emily Bazelon, author of Charged

“Rachel Barkow delivers an insightful and meticulously researched retelling of six Supreme Court cases that shaped the US incarceration system as we know it today. Her work highlights a history we should all confront if we are to right the wrongs of our past and reform the status quo―which, as she demonstrates, was brought about as much by the Supreme Court as by political actors.”―Preet Bharara, author of Doing Justice

“Most people, whether concerned citizens or specialists, think that mass incarceration is the result of bad policies, overreaching police and prosecutors, and structural racism. Justice Abandoned shows that the Supreme Court is also to blame for repeatedly failing to stand up for individual liberty in the face of government claims that public safety requires suppressing rights. Writing with clarity and verve, the brilliant Rachel Barkow unpacks six dramatic moments when the Court got it wrong and enabled the imprisonment of millions of people who would not face incarceration in any other liberal democracy on earth.”―Noah Feldman, author of Scorpions

About the Author

Rachel Elise Barkow is the Charles Seligson Professor of Law and Faculty Director of the Zimroth Center on the Administration of Criminal Law at NYU School of Law. A past member of the United States Sentencing Commission, she is the author of Prisoners of Politics: Breaking the Cycle of Mass Incarceration.

Details:

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