Conscience and Convenience was quickly recognized for its masterly depiction and interpretation of a major period of reform history. This history begins in a social context in which treatment and rehabilitation were emerging as predominant after America's prisons and asylums had been broadly acknowledged to be little more than embarrassing failures. The resulting progressive agenda was evident: to develop new, more humane and effective strategies for the criminal, delinquent, and mentally ill. The results, as Rothman documents, did not turn out as reformers had planned.For adult criminal offenders, such individual treatment could be accomplished only through the provision of broad discretionary authority, whereby choices could be made between probation, parole, indeterminate sentencing, and, as a measure of last resort, incarceration in totally redesigned prisons. For delinquents, the juvenile court served as a surrogate parent and accelerated and intensified individual treatment by providing for a series of community-based individual and family services, with the newly designed, school-like reformatories being used for only the most intractable cases. For the mentally ill, psychiatrists chose between outpatient treatments, short-term intensive care, or as last resort, long-term care in mental hospitals with new cottage and family-like arrangements. Rothman shows the consequences of these reforms as unmitigated disasters. Despite benevolent intentions, the actual outcome of reform efforts was to take the earlier failures of prisons and asylums to new, more ominous heights.In this updated edition, Rothman chronicles and examines incarceration of the criminal, the deviant, and the dependent in U.S. society, with a focus on how and why these methods have persisted and expanded for over a century and a half despite longstanding evidence of their failures and abuses.

Conscience and Convenience was quickly recognized for its masterly depiction and interpretation of a major period of reform history. This history begins in a social context in which treatment and rehabilitation were emerging as predominant after America's prisons and asylums had been broadly acknowledged to be little more than embarrassing failures. The resulting progressive agenda was evident: to develop new, more humane and effective strategies for the criminal, delinquent, and mentally ill. The results, as Rothman documents, did not turn out as reformers had planned. For adult criminal offenders, such individual treatment could be accomplished only through the provision of broad discretionary authority, whereby choices could be made between probation, parole, indeterminate sentencing, and, as a measure of last resort, incarceration in totally redesigned prisons. For delinquents, the juvenile court served as a surrogate parent and accelerated and intensified individual treatment by providing for a series of community-based individual and family services, with the newly designed, school-like reformatories being used for only the most intractable cases. For the mentally ill, psychiatrists chose between outpatient treatments, short-term intensive care, or as last resort, long-term care in mental hospitals with new cottage and family-like arrangements. Rothman shows the consequences of these reforms as unmitigated disasters. Despite benevolent intentions, the actual outcome of reform efforts was to take the earlier failures of prisons and asylums to new, more ominous heights. In this updated edition, Rothman chronicles and examines incarceration of the criminal, the deviant, and the dependent in U.S. society, with a focus on how and why these methods have persisted and expanded for over a century and a half despite longstanding evidence of their failures and abuses.

How the science of unselfish behavior can promote law, order, and prosperity Contemporary law and public policy often treat human beings as selfish creatures who respond only to punishments and rewards. Yet every day we behave unselfishly—few of us mug the elderly or steal the paper from our neighbor's yard, and many of us go out of our way to help strangers. We nevertheless overlook our own good behavior and fixate on the bad things people do and how we can stop them. In this pathbreaking book, acclaimed law and economics scholar Lynn Stout argues that this focus neglects the crucial role our better impulses could play in society. Rather than lean on the power of greed to shape laws and human behavior, Stout contends that we should rely on the force of conscience. Stout makes the compelling case that conscience is neither a rare nor quirky phenomenon, but a vital force woven into our daily lives. Drawing from social psychology, behavioral economics, and evolutionary biology, Stout demonstrates how social cues—instructions from authorities, ideas about others' selfishness and unselfishness, and beliefs about benefits to others—have a powerful role in triggering unselfish behavior. Stout illustrates how our legal system can use these social cues to craft better laws that encourage more unselfish, ethical behavior in many realms, including politics and business. Stout also shows how our current emphasis on self-interest and incentives may have contributed to the catastrophic political missteps and financial scandals of recent memory by encouraging corrupt and selfish actions, and undermining society's collective moral compass. This book proves that if we care about effective laws and civilized society, the powers of conscience are simply too important for us to ignore.

Conscience and Convenience was quickly recognized for its masterly depiction and interpretation of a major period of reform history. This history begins in a social context in which treatment and rehabilitation were emerging as predominant after America's prisons and asylums had been broadly acknowledged to be little more than embarrassing failures. The resulting progressive agenda was evident: to develop new, more humane and effective strategies for the criminal, delinquent, and mentally ill. The results, as Rothman documents, did not turn out as reformers had planned. For adult criminal offenders, such individual treatment could be accomplished only through the provision of broad discretionary authority, whereby choices could be made between probation, parole, indeterminate sentencing, and, as a measure of last resort, incarceration in totally redesigned prisons. For delinquents, the juvenile court served as a surrogate parent and accelerated and intensified individual treatment by providing for a series of community-based individual and family services, with the newly designed, school-like reformatories being used for only the most intractable cases. For the mentally ill, psychiatrists chose between outpatient treatments, short-term intensive care, or as last resort, long-term care in mental hospitals with new cottage and family-like arrangements. Rothman shows the consequences of these reforms as unmitigated disasters. Despite benevolent intentions, the actual outcome of reform efforts was to take the earlier failures of prisons and asylums to new, more ominous heights. In this updated edition, Rothman chronicles and examines incarceration of the criminal, the deviant, and the dependent in U.S. society, with a focus on how and why these methods have persisted and expanded for over a century and a half despite longstanding evidence of their failures and abuses.

"Fast paced and elegantly crafted, Theodore Hamm's Rebel and a Cause demands our attention. This deft historical analysis of the famous Chessman case and of the entire spectrum of political and cultural struggle surrounding capital punishment should be read by lay people and experts alike. Rigorously researched, superbly argued, this book -unfortunately - becomes all the more relevant with each new execution."—Christian Parenti, author of Lockdown America: Police and Prison in the Age of Crisis "Historians of the American 1960s have begun to attend to the previously-neglected topic of "crime in the streets." In the long run, the demand from the Right for "Law and Order!" may have done more to shape the history of subsequent decades than the better-known demands from the Left for "Freedom Now!" and "Peace in Vietnam!" In his crisply-written and subtly nuanced study Rebel and a Cause, Theodore Hamm shows how California death row inmate Caryl Chessman became the unlikely flashpoint for a series of passionate confrontations between advocates and opponents of the death penalty, as well as between the New Right, the New Left, and the liberal establishment."—Maurice Isserman, author of America Divided: The Civil War of the 1960s "This book is a must read for anyone interested in the current death penalty debate."—George T. Davis, former counsel to Caryl Chessman

Much of the material has been published in McClure's magazine. cf. Pref.

The author, a prisoner on death-row for killing a police officer, presents a series of essays and reflections on his life and his spirituality.