| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Itay Ravid , Amit Haim |
PROGRESSIVE ALGORITHMS |
12 UC Irvine Law Review 527 (February, 2022) |
Our criminal justice system is broken. Problems of mass incarceration, racial disparities, and susceptibility to error are prevalent in all phases of the criminal process. Recently, two dominant trends that aspire to tackle these fundamental problems have emerged in the criminal justice system: progressive prosecution--a model of prosecution... |
2022 |
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| Paul Butler |
PROGRESSIVE PROSECUTORS ARE NOT TRYING TO DISMANTLE THE MASTER'S HOUSE, AND THE MASTER WOULDN'T LET THEM ANYWAY |
90 Fordham Law Review 1983 (April, 2022) |
[T]he master's tools will never dismantle the master's house. --Audre Lorde Introduction. 1983 I. The Master'S Tools Thesis: How IT Started/Where IT Landed. 1984 II. Lawyering the Master'S House. 1986 III. Progressive Prosecutors. 1988 A. Black Women Progressive Prosecutors. 1994 1. Aramis Ayala. 1995 2. Kim Foxx. 1996 B. Reforming the Master's... |
2022 |
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| Marissa Jackson Sow |
PROTECT AND SERVE |
110 California Law Review 743 (June, 2022) |
There exists a substantial body of literature on racism and brutality in policing, police reform and abolition, the militarization of the police, and the relationship of the police to the State and its citizenry. Many theories abound with respect to the relationship between the police and Black people in the United States, and most of these... |
2022 |
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| Matthew C. Altman , Cynthia D. Coe |
PUNISHMENT THEORY, MASS INCARCERATION, AND THE OVERDETERMINATION OF RACIALIZED JUSTICE |
16 Criminal Law and Philosophy 631 (October, 2022) |
Accepted: 17 September 2021 / Published online: 26 September 2021 © The Author(s), under exclusive licence to Springer Nature B.V. 2021 In recent years, scholars have documented the racial disparities of mass incarceration. In this paper we argue that, although retributivism and deterrence theory appear to be race-neutral, in the contemporary U.S.... |
2022 |
Yes |
| Aaron Hill |
PUTTING POLICE IN THE PADDYWAGON: AN ANALYSIS OF THE DIFFICULTIES OF PROSECUTING POLICE AND PROPOSED SOLUTIONS |
53 University of Toledo Law Review 497 (Spring, 2022) |
The nation is traumatized. Years ago, the world watched as Rodney King was beaten by police officers. King was bludgeoned fifty-six times, kicked multiple times, and tased. However, when criminal charges were brought, the officers were acquitted. Two decades later, the nation watched video footage of Tamir Rice, a twelve-year-old African American... |
2022 |
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| Tonya L. Brito , Kathryn A. Sabbeth , Jessica K. Steinberg , Lauren Sudeall |
RACIAL CAPITALISM IN THE CIVIL COURTS |
122 Columbia Law Review 1243 (June, 2022) |
This Essay explores how civil courts function as sites of racial capitalism. The racial capitalism conceptual framework posits that capitalism requires racial inequality and relies on racialized systems of expropriation to produce capital. While often associated with traditional economic systems, racial capitalism applies equally to nonmarket... |
2022 |
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| Alyssa C. Mooney , Alissa Skog , Amy E. Lerman |
RACIAL EQUITY IN ELIGIBILITY FOR A CLEAN SLATE UNDER AUTOMATIC CRIMINAL RECORD RELIEF LAWS |
56 Law and Society Review 398 (September, 2022) |
States have begun to pass legislation to provide automatic relief for eligible criminal records, potentially reducing the lifelong collateral consequences of criminal justice involvement. Yet numerous historical examples suggest that racially neutral policies can have profoundly disparate effects across racial groups. In the case of criminal record... |
2022 |
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| Lauren Johnson, Cinnamon Pelly, Ebony L. Ruhland, Simone Bess, Jacinda K. Dariotis, Janet Moore |
RECLAIMING SAFETY: PARTICIPATORY RESEARCH, COMMUNITY PERSPECTIVES, AND POSSIBILITIES FOR TRANSFORMATION |
18 Stanford Journal of Civil Rights & Civil Liberties 191 (May, 2022) |
This paper offers the first known interdisciplinary, community-based participatory research study to focus directly on two questions that have drawn increased attention in the wake of global protests over racialized police violence: 1) What is the definition of safety? and 2) How can safety be made equally accessible to all? The study is part of a... |
2022 |
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| Alison Siegler, Judith P. Miller, Erica K. Zunkel, Clinical Professor of Law, Clinical Professor of Law, Clinical Professor of Law |
REFORMING THE FEDERAL CRIMINAL SYSTEM: LESSONS FROM LITIGATION |
25 Journal of Gender, Race and Justice 99 (Spring, 2022) |
Cornel West has said: There is no doubt that if young white people were incarcerated at the same rates as young black people, the issue would be a national emergency. Today, people of color account for nearly eighty percent of those convicted of federal crimes. We are facing a national emergency and systemic change is needed. Congress has the... |
2022 |
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| Erica V. Rodarte Costa |
REFRAMING THE "DESERVING" TENANT: THE ABOLITION OF A POLICED PUBLIC HOUSING |
170 University of Pennsylvania Law Review 811 (February, 2022) |
Centuries-old economic and racial injustices have molded our federal housing assistance. From the way we construct public housing--whether it has access to high-quality amenities or is built segregated from opportunities--to the stringent policies that dictate eligibility, the federal government dictates who deserves housing assistance along racial... |
2022 |
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| Brittany L. Deitch |
REHABILITATION OR REVOLVING DOOR: HOW PAROLE IS A TRAP FOR THOSE IN POVERTY |
111 Georgetown Law Journal Online 46 (2022) |
On any given day, one in four incarcerated persons in the United States is locked up for a technical violation of their community supervision. The United States has thus created a mass incarceration problem and mass supervision problem that fuel each other through the parole system. When an individual is fortunate enough to be released from prison... |
2022 |
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| Madison Carvello |
RIGHT TO A SPEEDY TRIAL FOR ALL, UNLESS YOU'RE INCARCERATED: HOW SIXTH AMENDMENT JURISPRUDENCE ALLOWS FOR PROLONGED ISOLATION--UNITED STATES v. BAILEY-SNYDER, 923 F.3D 289, 291 (3RD CIR. 2019) |
27 Suffolk Journal of Trial and Appellate Advocacy 111 (2021-2022) |
The authorities believed that isolation was the cure for our defiance and rebelliousness . I found?solitary confinement?the most forbidding aspect of prison life. There was no end and no beginning; there is only one's own mind, which can begin to play tricks. Was that a dream or did it really happen? One begins to question everything. The Sixth... |
2022 |
Yes |
| André Douglas Pond Cummings , Steven A. Ramirez |
ROADMAP FOR ANTI-RACISM: FIRST UNWIND THE WAR ON DRUGS NOW |
96 Tulane Law Review 469 (February, 2022) |
I. Introduction. 469 II. A Short History of the War on Drugs and Mass Incarceration. 475 III. The Devastation Suffered in Communities of Color. 486 A. Direct Economic Costs of the War on Drugs and Mass Incarceration. 487 B. Government Expenditures. 488 C. Economic and Psychological Costs on Families of Color. 490 D. Indirect Costs of the War on... |
2022 |
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| Jyoti Nanda |
SET UP TO FAIL: YOUTH PROBATION CONDITIONS AS A DRIVER OF INCARCERATION |
26 Lewis & Clark Law Review 677 (2022) |
Youth probation is the most common form of punishment for youth in the United States criminal legal system, with nearly a quarter of a million youth currently under supervision. Yet the role youth probation conditions play in the incarceration of youth has not been the focus of legal scholarship. Youth probation is a court-imposed intervention... |
2022 |
Yes |
| Deborah M. Weissman |
SOCIAL JUSTICE AS DESISTANCE: RETHINKING APPROACHES TO GENDER VIOLENCE |
72 American University Law Review 215 (October, 2022) |
C1-2Table of Contents Table of Contents. 215 Introduction. 216 I. Domestic Violence Intervention Programs: Overview, Critique, and Constraints. 221 A. DVIPs: A Brief Overview. 222 B. DVIPs: Critique. 225 1. Eliding systems and structures. 225 2. DVIPs and the criminal legal system. 231 3. Culture and constraints. 233 4. Law and constraints. 238 II.... |
2022 |
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| Angela J. Davis |
THE BENEFITS OF THE PROGRESSIVE PROSECUTOR MOVEMENT |
46-MAY Champion 12 (May, 2022) |
In March 2017, shortly after she was elected State's Attorney for Cook County, Illinois, Kim Foxx announced that her office would no longer seek pretrial detention of individuals charged with nonviolent offenses. Ms. Foxx went on to support the Bail Reform Act, decline the prosecution of low level drug and theft offenses, and divert many other... |
2022 |
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| Thomas Ward Frampton |
THE DANGEROUS FEW: TAKING SERIOUSLY PRISON ABOLITION AND ITS SKEPTICS |
135 Harvard Law Review 2013 (June, 2022) |
Prison abolition, in the span of just a few short years, has established a foothold in elite criminal legal discourse. But the basic question of how abolitionists would address the dangerous few often receives superficial treatment; the problem constitutes a spectral force haunting abolitionist thought . as soon as abolitionist discourses... |
2022 |
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| Thea Johnson |
THE EFFICIENCY MINDSET AND MASS INCARCERATION |
75 Oklahoma Law Review 115 (Autumn, 2022) |
Efficiency often carries a positive connotation. To be efficient, especially in a job, is to get things done quickly and with little wasted effort. As such, it makes sense that lawyers and judges see efficiency, especially in the form of plea bargaining, as a normative good, particularly since it can be used in individual cases to achieve fair... |
2022 |
Yes |
| Rabia Belt |
THE FAT PRISONERS' DILEMMA: SLOW VIOLENCE, INTERSECTIONALITY, AND A DISABILITY RIGHTS FRAMEWORK FOR THE FUTURE |
110 Georgetown Law Journal 785 (April, 2022) |
America is having a reckoning on mass incarceration. Events such as George Floyd's killing, COVID behind bars, and Black Lives Matter have punctured our collective consciousness. Advocates and scholars alike are pushing U.S. society to examine the costs--financial, psychic, social--of putting millions of people behind bars. Despite this... |
2022 |
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| André Douglas Pond Cummings , Steven A. Ramirez |
THE ILLINOIS CANNABIS SOCIAL-EQUITY PROGRAM: TOWARD A SOCIALLY JUST PEACE IN THE WAR ON DRUGS? |
53 Loyola University Chicago Law Journal 793 (Summer, 2022) |
Laudably, when Illinois legalized the recreational use of cannabis, it also sought to repair the damage wrought by the War on Drugs (WOD) through its social-equity initiatives. That harm included excessive and disproportionate incarceration in communities of color, over-policing within those communities, and all of the social and economic harms... |
2022 |
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| Joshua D. Blank , Leigh Osofsky |
THE INEQUITY OF INFORMAL GUIDANCE |
75 Vanderbilt Law Review 1093 (May, 2022) |
The coexistence of formal and informal law is a hallmark feature of the U.S. tax system. Congress and the Treasury enact formal law, such as statutes and regulations, while the Internal Revenue Service offers the public informal explanations and summaries, such as taxpayer publications, website frequently asked questions, virtual assistants, and... |
2022 |
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| Raff Donelson |
THE INHERENT PROBLEM WITH MASS INCARCERATION |
75 Oklahoma Law Review 51 (Autumn, 2022) |
C1-2Table of Contents Introduction. 51 I. The Contingent Critique. 53 II. The Broader Critique. 59 III. The Inherent Problem: The Freedom Critique. 63 IV. Upshots and Conclusions. 66 |
2022 |
Yes |
| Carla Laroche |
THE NEW JIM AND JANE CROW INTERSECT: CHALLENGES TO DEFENDING THE PARENTAL RIGHTS OF MOTHERS DURING INCARCERATION |
12 Columbia Journal of Race and Law 517 (July, 2022) |
I. Introduction. 518 II. The New Jim Crow & The New Jane Crow: Background. 523 A. The New Jim Crow & Gender. 524 B. The New Jane Crow's Framework. 527 III. Tattered Access to Effective Parents' Counsel. 532 A. Defense Counsel's Potential Bias, Time, & Caseload Constraints. 533 B. Defense Strategy. 535 C. Case Preparation & Communication with... |
2022 |
Yes |
| Shaun Ossei-Owusu |
THE NEW PENAL BUREAUCRATS |
170 University of Pennsylvania Law Review 1389 (June, 2022) |
Introduction. 1390 I. The Same Legal Problems. 1400 A. Criminal Legal Education and the Reproduction of Hierarchy. 1400 B. Law School Socialization. 1407 C. Demographics. 1413 II. The New Penal Bureaucrats. 1420 A. Generational Change in the Legal Profession. 1421 B. Prosecution Reimagined. 1426 C. Indigent Defense Rebooted. 1433 III. Provocation... |
2022 |
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| I. India Thusi |
THE PATHOLOGICAL WHITENESS OF PROSECUTION |
110 California Law Review 795 (June, 2022) |
Criminal law scholarship suffers from a Whiteness problem. While scholars appear to be increasingly concerned with the racial disparities within the criminal legal system, the scholarship's focus tends to be on the marginalized communities and the various discriminatory outcomes they experience as a result of the system. Scholars frequently mention... |
2022 |
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| Angela J. Davis |
THE PERILS OF PRIVATE PROSECUTIONS |
13 California Law Review Online 7 (December, 2022) |
Introduction. 7 I. The Harms Caused by Public Prosecutors. 8 II. The Harms Caused by Private Prosecutors. 11 III. The Perils of a Victim-focused System. 12 IV. The Progressive Prosecution Movement. 15 Conclusion. 19 |
2022 |
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| Cynthia Godsoe |
THE PLACE OF THE PROSECUTOR IN ABOLITIONIST PRAXIS |
69 UCLA Law Review 164 (March, 2022) |
Progressive prosecutors have been widely hailed as the solution to mass incarceration. This Article argues, to the contrary, that the legal arm of law enforcement can never be the full answer to its problems. While scholars critique police and call to defund and dismantle them, they overlook prosecutors. Building on the work of abolitionist... |
2022 |
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| André Douglas Pond Cummings, Steven A. Ramirez |
THE RACIST ROOTS OF THE WAR ON DRUGS & THE MYTH OF EQUAL PROTECTION FOR PEOPLE OF COLOR |
44 University of Arkansas at Little Rock Law Review 453 (Spring, 2022) |
By 2021, the costs and pain arising from the propagation of the American racial hierarchy reached such heights that calls for anti-racism and criminal justice reform dramatically expanded. The brutal murder of George Floyd by the Minneapolis police vividly proved that the social construction of race in America directly conflicted with supposed... |
2022 |
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| Kimberlé Williams Crenshaw |
THIS IS NOT A DRILL: THE WAR AGAINST ANTIRACIST TEACHING IN AMERICA |
68 UCLA Law Review 1702 (February, 2022) |
On January 5, 2022, Professor Kimberlé Williams Crenshaw received the 2021 Triennial Award for Lifetime Service to Legal Education and the Legal Profession from the Association of American Law Schools (AALS). In this modified acceptance speech delivered at the 2022 AALS Awards Ceremony, she reflects on the path that brought her to this moment and... |
2022 |
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| Ben Grunwald |
TOWARD AN OPTIMAL DECARCERATION STRATEGY |
33 Stanford Law and Policy Review 1 (March, 2022) |
With mounting support for dramatic criminal justice reform, the question is no longer whether we should decarcerate American prisons but how. This question is far more complicated than it might seem. We could cut the prison population in half for example, by drastically shortening sentences. Or we could reduce prison admissions. Or we could do... |
2022 |
Yes |
| Todd J. Clark , Caleb Gregory Conrad , André Douglas Pond Cummings , Amy Dunn Johnson |
TRAUMA: COMMUNITY OF COLOR EXPOSURE TO THE CRIMINAL JUSTICE SYSTEM AS AN ADVERSE CHILDHOOD EXPERIENCE |
90 University of Cincinnati Law Review 857 (2022) |
The reality that traumatic childhood experiences are directly linked to negative health outcomes has been known and widely recognized in public health and clinical literature for more than two decades. Adverse Childhood Experiences (ACEs) represent the single greatest unaddressed public health threat facing our nation today according to Dr.... |
2022 |
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| C. Scott Holmes , Amelia O'Rourke-Owens |
TRESPASSING ON WHITE SUPREMACY: THE LEGACY OF ESTABLISHMENT WHITE SUPREMACY IN NORTH CAROLINA |
100 North Carolina Law Review Forum 149 (2022) |
White supremacy offers a unifying framework for understanding the legal history of North Carolina, the current legal regime of the state, and the actions of the state in responding to protests demanding redress from that insidious history. We provide a history of the First Reconstruction in the state, the leading role of white lawyers in the... |
2022 |
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| Alexis B. Thurston |
TRIAGING LOMAX: AN URGENT PROPOSAL FOR LEGISLATIVE REFORM TO RESTORE JUDICIAL PROTECTION IN AMERICAN PRISONS |
60 Duquesne Law Review 150 (Winter, 2022) |
Remember those in prison as though you were in prison with them, and the mistreated as though you yourselves were suffering bodily.--Hebrews 13:3 I. Introduction. 150 II. Background. 152 A. Tough on Crime: The Birth of the PLRA. 152 B. A Closer Look at the Exhaustion Requirement. 155 C. Risks to Indigent Plaintiffs from the PLRA. 157 D. Lomax's... |
2022 |
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| Thomas Salazar |
TRIP OR TREAT: PSYCHEDELIC DRUG REFORM IN CALIFORNIA |
53 University of the Pacific Law Review 321 (January, 2022) |
Heath and Safety Code §§ 11350.1, 11377.1 (new), §§ 11054, 11150.2, 11350, 11364, 11364.7, 11365, 11377, 11379, 11382, 11550 (amended), § 131065 (new), § 11999 (repealed), Article 7 (commencing with § 11390) of Chapter 6 of Division 10 (repealed). SB 519 (Wiener); In Committee Process. C1-2Table of Contents I. Introduction. 321 II. Legal... |
2022 |
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| Michal Buchhandler-Raphael |
UNDERPROSECUTION TOO |
56 University of Richmond Law Review 409 (Winter, 2022) |
First, they refused to believe me. Then they shamed me. Then they silenced me. In 2016, Donna Doe, a nineteen-year-old student at Baylor University in Waco, Texas, attended a party at the school's fraternity chapter of Phi Delta Theta. She claimed that after she had drunk some punch and felt woozy, Jacob Anderson, who was at that time the... |
2022 |
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| Tanner Lockhead , J.D. Candidate, Columbia Law School |
UNLOCKING THE VOTE: HISTORY AS THE KEY TO FELON DISENFRANCHISEMENT LITIGATION IN NORTH CAROLINA |
44 North Carolina Central Law Review 1 (2022) |
Keith Sellars was on probation in North Carolina, working to pay his outstanding court debt. He worried about returning to jail, but he never imagined reincarceration happening how it did: for voting in the 2016 election. In North Carolina, over 51,000 people with felony convictions are denied the franchise. The North Carolina Constitution forbids... |
2022 |
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| Russell M. Gold |
VOLUNTEER PROSECUTORS |
59 American Criminal Law Review 1483 (Fall, 2022) |
As support has grown to reduce the footprint of criminal law by defunding the police, volunteer prosecution--a practice that has garnered little attention-- continues to expand criminal law's footprint. Volunteer prosecutors come in many different forms, but their core similarity is that they all prosecute crime without getting paid. Some are... |
2022 |
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| Roxann Matthews |
WE LIKE TO TALK ABOUT WRONGFUL CONVICTIONS, BUT DOES THE UNITED STATES PRODUCE "RIGHTFUL" CONVICTIONS? |
21 Seattle Journal for Social Justice 165 (Fall, 2022) |
This article analyzes whether the United States produces rightful convictions. An overview of historical responses to crime tells a story of failed efforts to improve a system deemed inhumane and cyclical calls for reform. Nowhere is this call more urgent than in the United States, where more individuals are incarcerated per capita than in any... |
2022 |
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| |
WELFARIST PROSECUTION |
135 Harvard Law Review 2151 (June, 2022) |
Criminal justice reform advocates have long rallied against the criminalization of poverty in the United States. It's well established that criminal justice involvement disproportionately affects communities of color and low-income individuals. This is unsurprising given the historic tightening of the welfare state, coupled with the unprecedented... |
2022 |
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| Michael Swistara |
WHAT COMES AFTER DEFUND?: LESSONS FROM POLICE AND PRISON ABOLITION FOR THE ANIMAL MOVEMENT |
28 Animal Law 89 (2022) |
As the mass incarceration crisis skyrocketed, the animal protection movement adopted many of the mechanisms of the carceral state. Improving the status of animals was equated with pushing for lengthier sentences for those who caused harm to animals, placing more people into cages for longer periods of time. This disproportionally harmed Black,... |
2022 |
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| Hannah Duncan |
YOUTH ALWAYS MATTERS: REPLACING EIGHTH AMENDMENT PSEUDOSCIENCE WITH AN AGE-BASED BAN ON JUVENILE LIFE WITHOUT PAROLE |
131 Yale Law Journal 1936 (April, 2022) |
The Supreme Court has placed restrictions on courts' ability to impose life-with-out-parole sentences on juveniles. Most recently, Jones v. Mississippi underscored how existing Eighth Amendment protections fail to extend categorical protection to all juveniles. Tracing the history of intrachildhood classifications, this Note argues that Jones's... |
2022 |
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| David H. Gans |
"WE DO NOT WANT TO BE HUNTED": THE RIGHT TO BE SECURE AND OUR CONSTITUTIONAL STORY OF RACE AND POLICING |
11 Columbia Journal of Race and Law 239 (April, 2021) |
Both Supreme Court doctrine and the scholarly literature on the constitutional constraints on policing generally begin and end with the Fourth Amendment, ignoring the Fourteenth Amendment's transformative guarantees designed to curtail police abuses and safeguard liberty, personal security, and equality for all, regardless of race. This Article... |
2021 |
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| Avanindar Singh , Sajid A. Khan |
A PUBLIC DEFENDER DEFINITION OF PROGRESSIVE PROSECUTION |
16 Stanford Journal of Civil Rights & Civil Liberties 475 (2021) |
Introduction. 476 I. End the trial tax and coercive plea bargaining.. 477 II. Stop prosecuting children as adults.. 477 III. Stop seeking or threatening the use of the death penalty.. 478 IV. End gang enhancements.. 479 V. Stop pursuing mandatory life without the possibility of parole (LWOP) sentences.. 479 VI. Hold the police accountable.. 480... |
2021 |
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| Katherine Mims Crocker |
A SCAPEGOAT THEORY OF BIVENS |
96 Notre Dame Law Review 1943 (May, 2021) |
Some scapegoats are innocent. Some warrant blame, but not the amount they are made to bear. Either way, scapegoating can allow in-groups to sidestep social problems by casting blame onto out-groups instead of confronting such problems--and the in-groups' complicity in perpetuating them--directly. This Essay suggests that it may be productive to... |
2021 |
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| Laura M. Moy |
A TAXONOMY OF POLICE TECHNOLOGY'S RACIAL INEQUITY PROBLEMS |
2021 University of Illinois Law Review 139 (2021) |
Over the past several years, increased awareness of racial inequity in policing, combined with increased scrutiny of police technologies, have sparked concerns that new technologies may aggravate inequity in policing. To help address these concerns, some advocates and scholars have proposed requiring police agencies to seek and obtain legislative... |
2021 |
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| Jelani Jefferson Exum |
ADDRESSING RACIAL INEQUITIES IN THE CRIMINAL JUSTICE SYSTEM THROUGH A RECONSTRUCTION SENTENCING APPROACH |
47 Ohio Northern University Law Review 557 (2021) |
Justice reform is having a moment. Across the nation and in the federal government, legislation has passed to reduce the scale of incarceration and the impact of collateral consequences of a felony conviction. While some of these reforms were the result of fiscal concerns over mass incarceration, others were in response to the criminal justice... |
2021 |
Yes |
| William J. Aceves |
AMENDING A RACIST CONSTITUTION |
170 University of Pennsylvania Law Review Online 1 (2021) |
Ours is a racist Constitution. Despite its soaring language, it was founded on slavery and a commitment to racial inequality. This vision is etched in the constitutional text, from the notorious Three-Fifths Clause to the equally repugnant Fugitive Slave Clause. And despite the Civil War and the Reconstruction Amendments, the Constitution retains... |
2021 |
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| Professor Mirko Bagaric , Associate Professor Gabrielle Wolf , Daniel McCord , Brienna Bagaric , Nick Fischer |
AMERICAN EXCEPTIONALISM AT ITS FINEST: "SOFT ON CRIME" NOW A VOTE-WINNER IN THE WORLD'S LARGEST INCARCERATOR |
25 Lewis & Clark Law Review 489 (2021) |
Anyone with even a remote interest in criminal justice was stunned by the soft on crime Republican Party advertisement at Super Bowl LIV in 2020, especially during a presidential election year. The United States of America has pursued an unrelenting, merciless tough on crime approach for half a century, resulting in it being the world's largest... |
2021 |
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| James M. Durant III |
AN ACCOUNTABILITY COMETH: AMEND 42 USC SECTION 1983 AND 18 USC SECTIONS 241, 242, THEREBY INITIATING A PATH TO RE-IMAGING PEACE OFFICERS ACTING UNDER THE COLOR OF STATE LAW |
14 DePaul Journal for Social Justice 1 (Winter, 2021) |
An indispensable change in the law is respectfully requested, giving American citizens a fair chance of prevailing against the State for systemic and habitual police abuse, which in certain circumstances ultimately leads to unjustifiable homicide. This change in the law should send specific and general deterrence to rogue peace officers who harm... |
2021 |
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| Olwyn Conway |
ARE THERE STORIES PROSECUTORS SHOULDN'T TELL?: THE DUTY TO AVOID RACIALIZED TRIAL NARRATIVES |
98 Denver Law Review 457 (Spring, 2021) |
The purportedly race-neutral actions of courts and prosecutors protect and perpetuate the myth of colorblindness and the legacy of white supremacy that define the American criminal system. This insulates the criminal system's racially disparate outcomes from scrutiny, thereby precluding reform. Yet prosecutors remain accountable to the electorate.... |
2021 |
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