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Criminal Responsibility And Social Constraint

By Ray  Madding  Mcconnell

Ray Madding McConnell’s Criminal Responsibility and Social Constraint first appeared in 1912 as one of the more philosophically ambitious works of the American Progressive Era. Though rarely cited today, the book occupies a fascinating place in the early twentieth-century dialogue between philosophy, criminology, and legal reform. Its author, who died shortly before the book’s publication, taught social ethics at Harvard and belonged to a generation deeply convinced that clearer thought could repair the accumulating confusions of modern criminal law. His book is therefore both a legacy and an argument: a legacy of Progressive rationalism and an argument for reconsidering the foundations of punishment in an age increasingly aware of causation, psychology, and social science.

More than a century after its publication, Criminal Responsibility and Social Constraint offers a valuable perspective for scholars, legal theorists, and reformers. It is a window into the moment when American thought on crime and punishment began to absorb scientific psychology, social statistics, and philosophical determinism. It presents an early, coherent version of a consequentialist theory of punishment that still structures major parts of modern practice. And it invites readers to confront the perennial tension between causation and accountability: how can a society committed to science and determinism still punish, censure, and regulate?

McConnell’s answer is that responsibility is a socially constructed tool—one that must be justified by its utility rather than by metaphysical claims about freedom. Whether one accepts or contests that answer, it remains a stimulus to deeper thinking about the moral and practical foundations of the criminal law. In that sense, McConnell’s book continues to speak forcefully to our age, reminding us that the architecture of justice must rest on reasons we can defend, not merely on traditions we have inherited.

Read-Me.Org Inc. New York-Philadelphia-Australia. 2025. p.234.

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The Palace of Death

By H. M. Fogle. Intrdosction by Graeme Newman

At once a chronicle and a funeral dirge, The Palace of Death stands as a haunting testament to early twentieth-century American penal culture. Published in 1909 by an Ohio penitentiary official, H. M. Fogle's volume compiles 59 firsthand accounts of incarceration and execution—each rendered with chilling precision and accompanied by stark photographic documentation. The period covers the execution by hanging and the transition to the electric chair, all in considerable detail. These narratives propel the reader through the twilight of life, revealing how society confronts its most extreme judgments. Yet, behind the factual veneer lies a provocative tension: does Fogle intend to expose the tragedy of fallen humanity, or to feed a voyeuristic appetite for death? In this liminal space between documentation and spectacle, the work demands not only attention, but moral inventory.

Read-Me.Org Inc. New York-Philadelphia-Australia. 2025. p.229.

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Justice Delayed: The Growing Wait for Parole After a Life Sentence

By Sabrina C. Pearce

The number of people sentenced to life in prison has drastically increased over the last five decades. Of the 194,803 people serving life sentences in 2024, nearly half of them, 97,160 people, were serving parole-eligible sentences. A parole-eligible life sentence is also referred to as life with parole (LWP) or life with the possibility of parole (LWPoP). Parole is the conditional release of an incarcerated individual after spending a portion of their sentence in prison. Its purpose at inception was to serve as a bridge between an incarcerated person and their community, balancing the needs of the individual and the needs of the community, with the aim toward reintegration.

To be eligible for parole, a person sentenced to life must serve a required minimum sentence or reach their “parole eligibility date.” The minimum parole eligibility date is the earliest point at which an incarcerated individual may be considered for parole, minus any time credits earned. Once the required minimum sentence is served, these individuals may re-enter society upon the approval of a paroling authority, most often a parole board. But as this report shows, over the past 50 years legislators across the country have raised the minimum sentence required for parole eligibility, delaying release of millions and significantly transforming the meaning of a life sentence.

In addition, governors have appointed parole commissioners who are reluctant to grant parole. As a result of both factors, newly paroled life-sentenced individuals have served longer prison terms than those in years past. Furthermore, even fewer people are receiving parole hearings in recent years as political, public, and media pressures to adopt more punitive practices continue to rise. The result: increased prison terms and prolonged punishment.

Longer prison sentences are costly and divert important investments away from effective measures to prevent crime and incarceration, such as mental health support, healthcare services, jobs, education, and other resources that produce healthier and safer communities. Lengthy periods of delay can lead to disillusionment and diminish the hope and well-being of those incarcerated as well as their supportive loved ones and communities as they longingly await the day of release. Timeliness in parole hearings is crucial as parole delays interfere with an incarcerated person’s ability to preserve family, friends, community, and other ties, which may present challenges for successful reintegration upon release.

Through in-depth profiles of five states and the experiences of two individuals, this report illustrates the trend toward increasing wait times for initial parole hearings, subsequent rehearings, and sometimes the elimination of parole eligibility entirely for individuals serving parole- eligible life sentences.

Washington, DC: The Sentencing Project, 2025. 24p.

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