Wisconsin Sentencing in the Tough-On-Crime Era: How Judges Retained Power and Why Mass Incarceration Happened Anyway

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The dramatic increase in US prison populations since the 1970s is often blamed on the mandatory sentencing required by punitive crime bills. Michael M. O'Hear shows that the blame is actually not so easy to assign. His analysis of incarceration in Wisconsin - a state where judges have considerable discretion in sentencing - shows that the prison population has ballooned anyway, increasing nearly tenfold over forty years.