Cooper V. Pate


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Cooper V. Pate


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First Available Cell


Book Description

Decades after the U.S. Supreme Court and certain governmental actions struck down racial segregation in the larger society, American prison administrators still boldly adhered to discriminatory practices. Not until 1975 did legislation prohibit racial segregation and discrimination in Texas prisons. However, vestiges of this practice endured behind prison walls. Charting the transformation from segregation to desegregation in Texas prisons—which resulted in Texas prisons becoming one of the most desegregated places in America—First Available Cell chronicles the pivotal steps in the process, including prison director George J. Beto's 1965 decision to allow inmates of different races to co-exist in the same prison setting, defying Southern norms. The authors also clarify the significant impetus for change that emerged in 1972, when a Texas inmate filed a lawsuit alleging racial segregation and discrimination in the Texas Department of Corrections. Perhaps surprisingly, a multiracial group of prisoners sided with the TDC, fearing that desegregated housing would unleash racial violence. Members of the security staff also feared and predicted severe racial violence. Nearly two decades after the 1972 lawsuit, one vestige of segregation remained in place: the double cell. Revealing the aftermath of racial desegregation within that 9 x 5 foot space, First Available Cell tells the story of one of the greatest social experiments with racial desegregation in American history.




Thomas V. Pate


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Stateville


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Stateville penitentiary in Illinois has housed some of Chicago's most infamous criminals and was proclaimed to be "the world's toughest prison" by Joseph Ragen, Stateville's powerful warden from 1936 to 1961. It shares with Attica, San Quentin, and Jackson the notoriety of being one of the maximum security prisons that has shaped the public's conception of imprisonment. In Stateville James B. Jacobs, a sociologist and legal scholar, presents the first historical examination of a total prison organization—administrators, guards, prisoners, and special interest groups. Jacobs applies Edward Shils's interpretation of the dynamics of mass society in order to explain the dramatic events of the past quarter century that have permanently altered Stateville's structure. With the extension of civil rights to previously marginal groups such as racial minorities, the poor, and, ultimately, the incarcerated, prisons have moved from society's periphery toward its center. Accordingly Stateville's control mechanisms became less authoritarian and more legalistic and bureaucratic. As prisoners' rights increased, the preogatives of the staff were sharply curtailed. By the early 1970s the administration proved incapable of dealing with politicized gangs, proliferating interest groups, unionized guards, and interventionist courts. In addition to extensive archival research, Jacobs spent many months freely interacting with the prisoners, guards, and administrators at Stateville. His lucid presentation of Stateville's troubled history will provide fascinating reading for a wide audience of concerned readers. ". . . [an] impressive study of a complex social system."—Isidore Silver, Library Journal




The Supreme Court and the Development of Law


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This book illuminates the decision-making processes of the US Supreme court through an examination of several prisoners' rights cases. In 1964, the Supreme Court declined to hear prisoners’ claims about religious freedom. In 2014, the Supreme Court heard a case that led to the justices’ unanimous endorsement of a Muslim prisoner’s religious right to grow a beard despite objections from prison officials. In the fifty-year span between those two events, the Supreme Court developed the law concerning rights for imprisoned offenders. As demonstrated in this book, the factors that shape Supreme Court decision making are well-illustrated by prisoners’ rights cases. This area of law illuminates competing approaches to constitutional interpretation, behind-the-scenes interactions among the justices, and the manipulation of legal precedents. External actors also affect the Supreme Court and its decisions when the president appoints new justices and Congress targets the judiciary with legislative enactments. Because of the controversial nature of prisoners’ rights issues, these cases serve to illuminate the full array of influences over Supreme Court decision making.




The American Dictionary of Criminal Justice


Book Description

Combines a dictionary of key legal terms with an index of leading United States Supreme Court cases indexed by type of case, such as death penalty, right to counsel, and searches and seizures. The new edition of this resource for students, practitioners, and others who need access to criminal justice information contains 125 new U.S. Supreme Court cases, as well as over 5000 terms, concepts, and names. Includes index.




Incarceration and the Law, Cases and Materials


Book Description

In the age of American mass incarceration, a complex legal regime governs prison conditions and presents a host of controversial questions at the intersection of constitutional liberty, statutory interpretation, administrative regulation, and public policy. This is a completely overhauled, re-titled, and much-expanded version of the leading casebook about incarceration. It addresses both pretrial and post-conviction incarceration, presenting Supreme Court and leading lower court case law, statutes, litigation materials, professional standards, academic commentary, and prisoner writing. Topics include conditions of confinement, civil liberties, particular prisoner populations and relevant legal issues (race and national origin discrimination, the particular issues/law governing treatment of incarcerated women, LGBTQ people, and people with disabilities). Litigated remedies (injunctive litigation, damages, the Prison Litigation Reform Act, and criminal prosecution of prison staff), are also covered in detail, as is non-litigation oversight. The casebook is supplemented by an open-access website that offers additional resources and sources for further reading.




Freedom of Speech


Book Description

Detailed yet highly readable, this book explores essential and illuminating primary source documents that provide insights into the history, development, and current conceptions of the First Amendment to the Constitution. The freedom to speak one's mind is a subject of great importance to most Americans but especially to students, minorities, and those who are socially or economically disadvantaged—individuals whose voices have historically been censored or marginalized in American society. Documents Decoded: Freedom of Speech offers accessible, student-friendly explanations of specific developments in freedom of speech in the United States and carefully excerpted primary documents, making it an indispensable resource for educators seeking to teach the First Amendment and for students wanting to learn more about important free-speech decisions. The chronologically ordered documents explore topics typically covered in American history and government curricula, addressing such contemporary issues as the regulation of online speech, flag desecration, parody, public school student speech, and the Supreme Court's recent decisions on the issue of corporate speech rights.




Those Who Know Don't Say


Book Description

Challenging incarceration and policing was central to the postwar Black Freedom Movement. In this bold new political and intellectual history of the Nation of Islam, Garrett Felber centers the Nation in the Civil Rights Era and the making of the modern carceral state. In doing so, he reveals a multifaceted freedom struggle that focused as much on policing and prisons as on school desegregation and voting rights. The book examines efforts to build broad-based grassroots coalitions among liberals, radicals, and nationalists to oppose the carceral state and struggle for local Black self-determination. It captures the ambiguous place of the Nation of Islam specifically, and Black nationalist organizing more broadly, during an era which has come to be defined by nonviolent resistance, desegregation campaigns, and racial liberalism. By provocatively documenting the interplay between law enforcement and Muslim communities, Felber decisively shows how state repression and Muslim organizing laid the groundwork for the modern carceral state and the contemporary prison abolition movement which opposes it. Exhaustively researched, the book illuminates new sites and forms of political struggle as Muslims prayed under surveillance in prison yards and used courtroom political theater to put the state on trial. This history captures familiar figures in new ways--Malcolm X the courtroom lawyer and A. Philip Randolph the Harlem coalition builder--while highlighting the forgotten organizing of rank-and-file activists in prisons such as Martin Sostre. This definitive account is an urgent reminder that Islamophobia, state surveillance, and police violence have deep roots in the state repression of Black communities during the mid-20th century.