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Reasserting State and Local Control Over Prisons and Jails: Strategies for Incarcerating America's Criminals

NCJ Number
157890
Journal
State Factor Volume: 21 Issue: 1 Dated: (March 1995) Pages: complete issue
Author(s)
T Beauchemin
Date Published
1995
Length
6 pages
Annotation
This paper proposes actions that would help reassert State and local control over criminal justice policy while finding urgently needed jail and prison space.
Abstract
Although incarceration is effective, the jail and prison capacity necessary for public safety is lacking. Providing sufficient jail and prison space will continue to be both a challenge and a priority until justice is restored to the criminal justice system and citizens are protected from the violent predators who exploit society's inability to provide meaningful consequences for their crimes. Reforms that would be consistent with the Constitution and should be considered include eliminating the jurisdiction of lower Federal courts over inmate conditions; legislating basic food, shelter, and safety conditions equal to the poverty line as the basic standard; limiting Federal court relief; and strengthening and making mandatory the current sanctions imposed for filing frivolous lawsuits. Other actions could include challenging current Federal court orders, starting legal proceedings to extinguish current Federal court orders, privatizing the operation and maintenance of prisons and jails, using private bail to replace release on recognizance, and expanding conditional secured release programs to include probationers and parolees. Reference notes

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