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>> 189 Notes Notes to Chapter 1 1. Jim Webb, “Why We Must Fix Our Prisons,” Nation (updated March 29), http:// www.parade.com/news/2009/03/why-we-must-fix-our-prisons.html, accessed November 29, 2009. 2. Alfred Blumstein and Jacqueline Cohen, “A Theory of the Stability of Punishment ,” Journal of Criminal Law, Criminology, and Police Science, 63 (1973), 198–207, Alfred Blumstein, Jacqueline Cohen, and Daniel Nagin, “The Dynamics of a Homeostatic Punishment Process,” Journal of Criminal Law and Criminology, 67 (1977), 317–34, Alfred Blumstein and S. Moitra, “An Analysis of the Time-Series of the Imprisonment Rate in the States of the United States: A Further Test of the Stability of Punishment Hypothesis,” Journal of Criminal Law and Criminology, 70 (1979), 376–90. 3. We originally made an early version of this argument in Natasha A. Frost and Todd R. Clear, “Understanding Mass Incarceration as a Grand Social Experiment ,” Studies in Law, Politics, and Society, 47 (2009), 159–91. 4. Pew Center on the States, “State Population Declines for the First Time in 38 Years” (Washington, DC: Pew Charitable Trusts, 2010). 5. David Garland, “The Peculiar Forms of American Capital Punishment,” Social Research: An International Quarterly of the Social Sciences, 74/2 (2007), 435–64, David Garland, Peculiar Institution: America’s Death Penalty in an Age of Abolition (Cambridge, MA: Harvard University Press, 2010), Michael Tonry, “Looking Back to See the Future of Punishment in America,” Social Research: An International Quarterly of the Social Sciences, 74/2 (2007), 353–78, Michael Tonry, “Explanations of American Punishment Policies,” Punishment & Society, 11/3 (2009), 377–94, James Q. Whitman, Harsh Justice: Criminal Punishment and the Widening Divide between America and Europe (New York: Oxford University Press, 2003), viii, 311 , [10] of plates, James Q. Whitman, “What Happened to Tocqueville’s America?” Social Research: An International Quarterly of the Social Sciences, 74/2 (2007), 251–68. 6. Three academic journals, Daedalus in 2010 and Criminology & Public Policy and The Prison Journal in 2011, have devoted entire issues to the problem of mass 190 > 191 (2009), 97–109, Marie Gottschalk, “Cell Blocks and Red Ink: Mass Incarceration, the Great Recession, and Penal Reform,” Daedalus, 139/3 (2010), 62–73, Michael Jacobson, Downsizing Prisons: How to Reduce Crime and End Mass Incarceration (New York: New York University Press, 2005), Steven Raphael and Michael A. Stoll (eds.), Do Prisons Make Us Safer? The Benefits and Costs of the Prison Boom (Washington, DC: Russell Sage Foundation, 2009). 18. Pew Center on the States, “2012 Georgia Public Safety Reform: Legislation to Reduce Recidivism and Cut Corrections Costs.” 19. Special Council on Criminal Justice Reform for Georgians, “Report of the Special Council on Criminal Justice Reform for Georgians” (Atlanta: Georgia General Assembly, 2011). 20. Ibid., 1. See also Special Council on Criminal Justice Reform for Georgians, “Report of the Special Council on Criminal Justice Reform for Georgians” (Atlanta: Georgia General Assembly, 2011). 21. Malcolm C. Young, “Getting Prison Numbers Down—for Good,” http://www. thecrimereport.org/news/inside-criminal-justice/2012-01-getting-prison-numbers -downfor-good, accessed January 6, 2012. 22. Available at http://www.justicecenter.csg.org, accessed December 29, 2011. Senator Jim Webb (of Virginia) continues to introduce the National Criminal Justice Commission Act, which, if passed, would establish a commission to perform a comprehensive review of the criminal justice system. Although the bill passed in the House of Representatives in 2010, it has repeatedly stalled in the U.S. Senate. See Senator Webb’s website for the current status of the bill: http://www.webb. senate.gov/issuesandlegislation/criminaljusticeandlawenforcement/Criminal_Justice_Banner .cfm, accessed October 4, 2012. 23. Right on Crime, Statement of Principles (2010), Austin: Texas Public Policy Foundation . Available online: www.rightoncrime.com, accessed December 29, 2011. 24. Ibid. 25. Kleiman, When Brute Force Fails: How to Have Less Crime and Less Punishment. See also Mark A. R. Kleiman, “Toward Fewer Prisoners and Less Crime,” Daedalus , 139/3 (2010), 115–23. 26. Michael Jacobson argued several years ago—prior to the most recent recession— that we would almost certainly see a fiscally driven downsizing of prisons in the coming years. Jacobson, Downsizing Prisons: How to Reduce Crime and End Mass Incarceration. 27. Franklin E. Zimring, The Great American Crime Decline (Studies in Crime and Public Policy) (New York: Oxford University Press, 2007), xiv, 258. 28. Richard A. Oppel, “Steady Decline in Major Crime Baffles Experts,” New York Times, May 24, 2011, A17. 29. Jason Kandel, “LA Continues 9-Year Crime Drop...

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