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Abstract: 

Executive Editor Fred Cohen Reviews “Mass Incarceration on Trial” by Jonathan Simon, published by The New Press, which argues that the recent decision in Brown v. Plata not only brought about changes in California prisons but also serves as an important precedent in reversing the continued use of incapacitation as a sentencing policy, and the questionable constitutionality of excessive prison overcrowding. The book is compelling reading, written in an incisive and engaging style, but may overstate the impact of Brown v. Plata—surely an important case linking outrageous overcrowding to the denial of constitutionally adequate medical care, but it did not, as is sometimes claimed, expand eligibility or impose higher standards of care.

Keywords: Brown v. Plata; Coleman; Brown v. The Board; Gideon; Mapp v. Ohio; Citizens United

Affiliations:  1: Executive Editor.