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Prisoners of Politics: Breaking the Cycle of Mass Incarceration Hardcover – March 4, 2019
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America’s criminal justice policy reflects irrational fears stoked by politicians seeking to win election. A preeminent legal scholar argues that reform guided by evidence, not politics and emotions, will reduce crime and reverse mass incarceration.
The United States has the world’s highest rate of incarceration, a form of punishment that ruins lives and makes a return to prison more likely. As awful as that truth is for individuals and their families, its social consequences―recycling offenders through an overwhelmed criminal justice system, ever-mounting costs, unequal treatment before the law, and a growing class of permanently criminalized citizens―are even more devastating. With the authority of a prominent legal scholar and the practical insights gained through on-the-ground work on criminal justice reform, Rachel Barkow explains how dangerous it is to base criminal justice policy on the whims of the electorate, which puts judges, sheriffs, and politicians in office. Instead, she argues for an institutional shift toward data and expertise, following the model used to set food and workplace safety rules.
Barkow’s prescriptions are rooted in a thorough and refreshingly ideology-free cost–benefit analysis of how to cut mass incarceration while maintaining public safety. She points to specific policies that are deeply problematic on moral grounds and have failed to end the cycle of recidivism. Her concrete proposals draw on the best empirical information available to prevent crime and improve the reentry of former prisoners into society.
Prisoners of Politics aims to free criminal justice policy from the political arena, where it has repeatedly fallen prey to irrational fears and personal interest, and demonstrates that a few simple changes could make us all safer.
- Print length304 pages
- LanguageEnglish
- PublisherBelknap Press: An Imprint of Harvard University Press
- Publication dateMarch 4, 2019
- Dimensions6.12 x 1 x 9.25 inches
- ISBN-100674919238
- ISBN-13978-0674919235
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Editorial Reviews
Review
“Barkow’s analysis suggests that it is not enough to slash police budgets if we want to ensure lasting reform. We also need to find ways to insulate the process from political winds. She urges that we entrust more criminal justice policy to experts, who overwhelmingly agree that the system is too harsh and too bloated. We don’t leave the regulation of air pollution or workplace conditions to a popular vote, she argues, so why should we do so with respect to public safety?”―David Cole, New York Review of Books
“Making criminal law more reasonable is a stiff challenge in this era of fear-mongering politics. The challenge is even stiffer with the fear-mongering tied to fact-mocking. The spotlight Barkow shines on the facts and their implications will surely stir denial, but if the country does not meet the challenge, all of us will be less safe.”―Lincoln Caplan, American Scholar
“Excellent analysis… Barkow argues for a multifaceted approach to reform… Readers interested in criminal justice reform will find much to appreciate here.”―Publishers Weekly
“[A] crisply written, thorough book…Barkow paints a damning picture…laying out the voluminous evidence that mass incarceration is cruel and self-defeating…[She] convincingly shows that it has not made the American public safer.”―Seth Mayer, Public Books
“It is impossible to think about America’s harsh punishment epidemic without understanding the politics of fear and anger that created mass incarceration. Rachel Barkow’s new work is a critically important exploration of the political dynamics that have made us one of the most punitive societies in human history. A must-read by one of our most thoughtful scholars of crime and punishment.”―Bryan Stevenson, author of Just Mercy and founder and Executive Director of the Equal Justice Initiative
“Rachel Barkow powerfully argues that the only way to end mass incarceration is to transform how criminal law is made. Instead of fear-driven anecdotes and popular politics, we need law based on reliable data, expert agencies, constrained prosecutors, and judges who were once public defenders. If you care, as I do, about disrupting the perverse politics of criminal justice, there is no better place to start than Prisoners of Politics.”―James Forman, Jr., Pulitzer Prize–winning author of Locking Up Our Own
“Rachel Barkow provides a damning catalog of how penal populism has managed to make our criminal justice system too bloated, too expensive, and too cruel, while also failing to keep us safe. More importantly, she provides a road map to a saner and more humane system―a system built on facts, not on rhetoric and fear. The more people that read this book, the better.”―David Alan Sklansky, author of Democracy and the Police
“Rachel Barkow is one of the country’s smartest thinkers on criminal justice. In her new book, she makes a cogent and provocative argument about how to achieve true institutional reform and fix our broken system.”―Emily Bazelon, author of Charged: The New Movement to Transform American Prosecution and End Mass Incarceration
“Populist policymaking in an era of partisan politics and media frenzy is irrational and destructive―and never more so than in the realm of criminal justice. In her tremendously timely and important intervention, Barkow, a renowned expert in sentencing policy, calls for a major shift from populism to expertise, from emotion-based to evidence-based criminal justice policy.”―Carol S. Steiker, coauthor of Courting Death: The Supreme Court and Capital Punishment
“Prisoners of Politics is an urgent appeal for a new and more regulatory approach to criminal justice policymaking. In a passionately argued book, Rachel Barkow documents the costly irrationalities that flow from populist policies, explains the skewed incentive structure that underlies them, and makes a compelling case for institutional reforms designed to ensure rational, cost-effective policy, robust constitutional checks, and a justice system oriented towards equitable public safety rather than mass incarceration. These are vital ideas, well established in other areas of modern governance, with a powerful relevance for criminal justice today.”―David Garland, author of Peculiar Institution: America’s Death Penalty in an Age of Abolition
“An invaluable resource for those studying or addressing mass incarceration and/or wrongful convictions.”―Choice
“[An] extremely efficient guide to our current problems…[A] rich but pointed survey of the maladies in our criminal justice system.”―Jonathan Simon, Criminal Law and Criminal Justice Books
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Product details
- Publisher : Belknap Press: An Imprint of Harvard University Press (March 4, 2019)
- Language : English
- Hardcover : 304 pages
- ISBN-10 : 0674919238
- ISBN-13 : 978-0674919235
- Item Weight : 1.2 pounds
- Dimensions : 6.12 x 1 x 9.25 inches
- Best Sellers Rank: #501,667 in Books (See Top 100 in Books)
- #351 in Government Social Policy
- #1,155 in Criminal Law (Books)
- #1,515 in Criminology (Books)
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Rachel Barkow's description of the largely unchecked power of prosecutors and their strong lobby to maintain that power is maddening. The sheer quantity of criminal laws (4,000 on the federal level alone and 300,000 federal regulations subjecting violators to criminal penalties in addition to ever-expanding state laws) put all of us at risk.
This book gives a behind-the-scenes view of a system that operates largely behind closed doors and that has grown into a behemoth that now affects the majority of families. You or someone you care about may become a casualty of this system. Even if you're not directly affected, the cascade effect of criminalizing our nation is felt by every taxpayer, parent, employer, landlord, professional and business owner in America. The information in this book is important. Only through knowledge will we see change. Whether for advocacy for change on this important topic, or to be informed for purposes of self-protection, read this book!
The first section explaining how we got in this mess starts at the tendency to define crimes too broadly, an example being the streaker, the public urinator, the rapist, and the child molester all being listed as sex offenders. Then Barkow looks at the use of sentences that are too long. It's the likelihood of getting caught, not the length of the sentence, that is the primary deterrent and long sentences can be counter-productive, causing more crime in the long run. Then she looks at prison and how it fails to do much more than warehouse people, falling down on the job of rehabilitation and reentry. Fourth, she looks at the traditional checks on over-punishment, parole, clemency, and pardons, and how they have been eroded and nearly eliminated mostly by the outrage machine. The last chapter of Part One looks at the collateral damage of the carceral state on families and communities. This includes all the post-incarceration punishments levied on former felons like denying them occupational licensing, affordable housing, and food stamps.
In the second section, Brakow looks at two main forces leading us down the road to having more people locked up than China. The first is populist politics, the impulse to stoke fear and promise protection, the law-and-order tough-on-crime politics that sells. The second are the institutions that benefit from a system geared more toward retribution than crime control, the police, prosecutors, and prison guards, in particular.
In the last section, Barkow suggests important reforms including reining in the power of prosecutors, utilizing experts and objective data in setting policy and dragging the courts back to where they used to be on defendants' rights and cruel and unusual punishment.
Prisoners of Politics is well-organized and well-argued. It is also well-documented with seventy-four pages of endnotes. I love that very small superscript numbers were used for the reference marks so they were not too obtrusive and did not interrupt the flow of a paragraph. This is important when a single paragraph might have seven endnotes. When I wanted to check a note, I needed to pull the page close, but that is so much easier than having the text constantly broken and interrupted by overly obvious reference marks. It seems a small point, but it makes academic reading so much more readable.
I like that Barkow kept herself in the narrative. She served on the U.S. Sentencing Commission and clerked for Justice Antonin Scalia, she has a point of view informed by experience. She also brought a moral spirit to the text as an honest advocate for a more rational and more just system.
I also appreciate her honest assessment of what reforms are more likely and what the impediments are. The outrage industry is not going away and she makes a good case for how to limit its effects.
This is a smart book and I encourage people interested in criminal justice reform and over-incarceration to read it.
I received a copy of Prisoners of Politics from the publisher.
We can only hope that policymakers and their constituencies take notice and enact the solutions so excellently laid out by Barkow.



