THE DISCHARGE OF CRIMINALS AS A REMEDY TO THE PROBLEMS IN MASS INCARCERATION: A COMPARATIVE EXAMINE BETWEEN JUDICIAL DECISIONS IN THE UNITED STATES AND BRAZIL

 THE RELEASE OF PRISONERS LIKE A REMEDY TO THE CRISIS IN MASS INCARCERATION: A COMPARATIVE STUDY BETWEEN JUDICIAL DECISIONS IN THE COMBINED...

SAMFORD UNIVERSITY

CUMBERLAND INSTITUTION OF REGULATION

MASTER IN COMPARATIVE LEGISLATION PROGRAM

TEACHER M. FLOYD

THE RELEASE OF PRISONERS BEING A REMEDY FOR THE CRISIS IN MASS

INCARCERATION: A COMPARISON STUDY BETWEEN JUDICIAL DECISIONS IN THE UNITED STATES AND BRAZIL

MR. GUSTAVO STANLEY CÂMARA APPROVAZIONE REAL

BIRMINGHAM – ALABAMA

2012

Cumberland School of Law two

The Release of Prisoners as being a Remedy to the Crisis in Mass Incarceration

TABLE OF CONTENTS

I) Introduction………………………………………………………………………. ………… 3 II) A brief history of mass incarceration ………………………. ……………………………… 3 A) The United States mass imprisonment current crisis: beginnings and possible causes…………………………………. ……………….. ………………….. ………….. 3 B)

The

Brazilian

penitentiary

system

and

the

issue

of

prison

overcrowding…………………………………………………………………………... 5 III) The release of prisoners in compliance with the Eighth Amendment's Cruel and Unusual Punishments Clause of the United States Constitution plus the Brazilian Federal government Constitution's Rule of Individual Dignity ………………….. …………………………………….. ……. ….. 7 A) The usa Constitution Ten Amendment's Inappropriate and Unconventional Punishments Clause ……………………………………………... ………………………………… 8 B) The Theory of the Pride of the Human being Person inside the 1988 Brazilian Federal Constitution………... ……………………………………………………. ………. …... 11 IV) A comparative research of recent court decisions in the United States and Brazil………. 14 A) Decisions in the United States regarding the release of prisoners as being a remedy for overcrowding …………………………. ………………….. ……….. ………………... 14 B) Brazilian decisions determining the discharge of criminals or enhancements made on prison circumstances for failing to comply with minimum criteria required by Brazilian National Constitution ……….. ………………………………. ….. …….. ….. …………. twenty C) Contending dignities in both systems………. ……………….... …….. ….. ………... 23 V) Conclusion………................................ ……………………. ……………….. …………..... 27 VI) Bibliography………………………………………. ………………. …….. ……………… 28

Cumberland School of Law a few

The Release of Prisoners like a Remedy for the Crisis in Mass Incarceration

I) ADVANTAGES

The purpose of this study is always to analyze the latest phenomenon of mass incarceration experienced by United States and Brazil. Particularly judicial decisions ordering the release of prisoners as a remedy to circumvent the problems. Firstly, it will probably be necessary to addresses how this method of abuse led to a crisis of mass incarceration in both countries. Constitutional rules associated to possible infractions of prisoner's rights are mentioned to illustrate how both countries approach the matter legally.

The topic under discussion has attained considerable importance after 2011, when the Substantial Court states maintained a choice held by United States Court docket of Speaks for the Ninth Signal, ordering the discharge of inmates in A bunch of states prisons as a result of overcrowding. In the same way, in 2010 the Brazilian Substantial Court decided that criminals could not be exposed to conditions of imprisonment more burdensome than patients contained in his sentencing rule.

At last, it can be imperative to assess the key judicial decisions used by both Best Courts, specifically the reasons and points of affluence between the two countries. It can be emphasized the principle of human pride and the discussion whether such theory could apply to safeguard non-enumerated privileges with correlation with a statistical, sociological and constitutional elements developed with this paper.

II) A BRIEF HISTORY OF MASS INCARCERATION

A) The usa mass imprisonment current problems: origins and possible triggers.

David Garland (2001) specifies the concept of mass imprisonment since the establishment that has emerged in the United States over the past two decades, becoming a phenomenon with the

Cumberland University of Legislation 4

The Release of Prisoners as a Treatment to the Problems in Mass Incarceration

twenty first hundred years that confined more than 2, 000, 000 Americans1....

Bibliography: David Garland (2001) defines the concept of mass imprisonment as the organization

that has appeared in the United States in the last two decades, as being a phenomenon with the

population, and then Russia3. David Garland (2001) describes that for most in the twentieth

century, the Many rate of imprisonment oscillated around a stable mean of 110 per

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