Penology in the Jim Crow South centered on the chain gang. Gangs ostensibly served three purposes: their severity served as a deterrent; their putting convicts to work on roads and other public improvements reduced the taxpayers’ costs of infrastructure; and their discriminatory implementation...

Studies of modern misdemeanor adjudication find that courts set bail higher than is required to reasonably assure that nonviolent defendants who pose no immediate threat to the community will appear for trial. Some defendants languish in jail for extended periods during which time they lose...

Prison overcrowding is a perennial problem and several states are under court order to reduce crowding. The long-term solution to crowding has been more prisons. The short-term solution is early release. Early release programs can be effective when they balance the savings of reduced prison...

How law is interpreted and enforced at a particular historical moment reflects contemporary social concerns and prejudices. This paper investigates the nature of criminal sentencing in mid-nineteenth-century Pennsylvania. It finds that extralegal factors, namely place of conviction and several...

Prison overcrowding is a perennial problem and several states are under court order to reduce crowding. The long-term solution to crowding has been more prisons. The short-term solution is early release. Early release programs can be effective when they balance the savings of reduced prison...

How law is interpreted and enforced at a particular historical moment reflects contemporary social concerns and prejudices. This paper investigates the nature of criminal sentencing in mid-nineteenth-century Pennsylvania. It finds that extralegal factors, namely place of conviction and several...