Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration

An influential legal scholar argues that the Supreme Court played a pivotal role in the rise of mass incarceration in America.

With less than 5 percent of the world’s population and almost a quarter of its prisoners, America indisputably has a mass incarceration problem. How did it happen? Tough-on-crime politics and a racially loaded drug war are obvious and important culprits, but another factor has received remarkably little attention: the Supreme Court. The Constitution contains numerous...