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Barry Latzer

The Myth of Overpunishment: A Defense of the American Justice System and a Proposal to Reduce Incarceration While Protecting the Public

The Myth of Overpunishment: A Defense of the American Justice System and a Proposal to Reduce Incarceration While Protecting the Public

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  • More about The Myth of Overpunishment: A Defense of the American Justice System and a Proposal to Reduce Incarceration While Protecting the Public


The justice system in the United States is not overpunishing, as evidenced by the data that shows that we don't imprison too many people or overpunish them. The Myth of Overpunishment presents a plan to electronically monitor arrested suspects, defendants on probation, and parolees to ensure that they are not overpunished.

Format: Hardback
Length: 208 pages
Publication date: 21 June 2022
Publisher: Republic Book Publishers


The United States is currently facing a critical examination of its justice system, with allegations of overpunishment permeating various aspects, from law enforcement to prisons. It is claimed that a significant number of Americans encounter abuse, arrest, incarceration, and imprisonment at the hands of the police. However, these denunciations are often exaggerated, as the data reveals that we do not imprison an excessive number of individuals or excessively punish them. This becomes evident when we examine the crimes committed by prisoners and the actual time served in custody.

A comprehensive historical analysis of punishment in the United States reveals a progressive trend towards leniency. Corporal punishment has been abolished, and the death penalty has become a rarity. Many convicted defendants are now receiving no-incarceration sentences, emphasizing a shift towards alternative forms of justice.

While restorative justice may have benefits for low-level offenses or as an add-on for remorseful prisoners, it cannot replace punitive justice in the context of major crimes. The Myth of Overpunishment proposes a practical and politically feasible solution to electronically monitor arrested suspects prior to adjudication (bail reform), defendants placed on probation, and parolees. This initiative aims to enhance accountability, prevent recidivism, and promote public safety.

In conclusion, the justice system in the United States is under scrutiny, but the claims of overpunishment need to be balanced against the evidence. While there may be room for improvement in certain areas, such as reducing unnecessary incarceration and implementing more effective rehabilitation programs, it is essential to recognize that the system is not as punitive as it is often portrayed. A balanced approach that prioritizes justice, rehabilitation, and public safety is necessary to ensure a fair and equitable society for all.

Weight: 436g
Dimension: 161 x 235 x 25 (mm)
ISBN-13: 9781645720324

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