| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Cynthia Alkon |
BARGAINING WITHOUT BIAS |
73 Rutgers University Law Review 1337 (Summer, 2021) |
C1-2Table of Contents Introduction. 1338 I. Plea Bargaining is Largely Unsupervised. 1340 A. The Process of Plea Bargaining. 1342 B. Limits on Prosecutorial Power in Plea Bargaining. 1343 II. Racial Disparities are Exacerbated in Plea Bargaining. 1344 III. The Importance, and Possible Bias, of the First Offer. 1347 IV. Possible Fixes: Structural... |
2021 |
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| Natalie P. Byfield |
BLACKNESS AND EXISTENTIAL CRIMES IN THE MODERN RACIAL STATE |
53 Connecticut Law Review 619 (September, 2021) |
This Essay presents the concept of existential crime. It argues that our notion of crime has conflated acts that challenge the racial premise on which a state is founded with acts that breach what Karim Murji (2009) calls norms of propriety. It argues that the conflation of these different types of social acts into our conceptualization of... |
2021 |
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| Mary A. Lynch |
BUILDING AN ANTI-RACIST PROSECUTORIAL SYSTEM: OBSERVATIONS FROM TEACHING A DOMESTIC VIOLENCE PROSECUTION CLINIC |
73 Rutgers University Law Review 1515 (Summer, 2021) |
Introduction and Background. 1516 II. Local Prosecutors, Intimate Crimes, and Traditionally Marginalized Survivors. 1525 A. Local Prosecutors, Reform, and Anti-Racism. 1525 B. Intimate Crimes and Women of Color. 1533 C. Listening to the Wisdom of Survivors of Color. 1543 III. Observations and Suggestions for Anti-Racism Work and Prosecution of... |
2021 |
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CHANGING THE WAY WE SEE MODERN POLICING: ABOLITION OR REFORM |
27 Cardozo Journal of Equal Rights & Social Justice 435 (Spring, 2021) |
MS. TZIONA BREITBART: Good evening, everyone. I am Tziona Breitbart, the Symposium Editor for the Cardozo Journal of Equal Rights and Social Justice. On behalf of the journal staff, I would like to thank you all for joining us tonight for our annual symposium, Changing the Way We See Modern Policing: Reform or Abolition. I would especially like to... |
2021 |
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| Taifha Natalee Alexander |
CHOPPED & SCREWED: HIP HOP FROM CULTURAL EXPRESSION TO A MEANS OF CRIMINAL ENFORCEMENT |
12 Harvard Journal of Sports & Entertainment Law 211 (Spring, 2021) |
C1-2Table of Contents INTRODUCTION. 213 I. Mass Incarceration of Black Men. 216 II. The Intersection of Criminal Justice & Hip Hop. 220 A. Rap Lyrics as Evidence in Criminal Proceedings. 221 B. The Criminal Justice System's Perception of Black Men. 225 C. Prison as Rite of Passage, Not Deterrent. 228 III. Issues With The Probative Versus... |
2021 |
Yes |
| Ion Meyn |
CONSTRUCTING SEPARATE AND UNEQUAL COURTROOMS |
63 Arizona Law Review 1 (Spring, 2021) |
Federal reform transformed civil and criminal litigation in the early 1940s. The new civil rules sought to achieve adversarial balance as it afforded litigants, virtually all white, with powerful discovery tools. In contrast, the new criminal rules denied defendants, often litigants of color, any power to discover information. Instead, the new... |
2021 |
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| Jenny E. Carroll |
COVID-19 RELIEF AND THE ORDINARY INMATE |
18 Ohio State Journal of Criminal Law 427 (Spring, 2021) |
This is the story of two men in Alabama. It is the story of a child in Texas; a woman in Washington. Or more precisely it is my retelling of their story, mixed with the stories of others like them to form a single narrative. This is not my story, but it is one I can tell--not because I know it best (I don't) or because I am most entitled to give it... |
2021 |
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| Shaun Ossei-Owusu |
CRIMINAL LEGAL EDUCATION |
58 American Criminal Law Review 413 (Spring, 2021) |
The protests of 2020 have jumpstarted conversations about criminal justice reform in the public and professoriate. Although there have been longstanding demands for reformation and reimagining of the criminal justice system, recent calls have taken on a new urgency. Greater public awareness of racial bias, increasing visual evidence of... |
2021 |
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| Alexandra Natapoff |
CRIMINAL MUNICIPAL COURTS |
134 Harvard Law Review 964 (January, 2021) |
Introduction. 966 I. The Municipal Court Phenomenon. 974 A. The Modern American Municipal Court. 974 1. The Data. 975 (a) Number of Municipal Courts. 976 (b) Criminal Caseloads. 977 (c) Legal Penalties. 978 (d) Judicial Selection. 979 (e) Lay or Lawyer Judges. 979 (f) Appellate Structure. 980 (g) Unification and Data Collection. 980... |
2021 |
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| Melissa Mitchell (Zeid) |
CRUEL, UNUSUAL, AND TOXIC: THE ENVIRONMENTAL IMPLICATIONS OF MASS INCARCERATION IN THE UNITED STATES |
11 Arizona Journal of Environmental Law & Policy 267 (Summer, 2021) |
This note examines the environmental issues associated with mass incarceration. It will first discuss mass incarceration and environmental injustices generally. Then it will assert that, due to the increased demand for prison facilities, mass incarceration led to an era of building prisons on the cheapest, easiest to obtain sites: toxic waste sites... |
2021 |
Yes |
| Hugh McClean |
DISCHARGED AND DISCARDED: THE COLLATERAL CONSEQUENCES OF A LESS-THAN-HONORABLE MILITARY DISCHARGE |
121 Columbia Law Review 2203 (November, 2021) |
Between 2011 and 2015, 57,141 soldiers, sailors, and airmen were separated from service with less-than-honorable (LTH) discharges for minor misconduct related to mental health problems. These discharges disproportionately affected servicemembers of color. These veterans and others like them face daunting reintegration challenges when they return to... |
2021 |
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| Renagh O'Leary |
EARLY RELEASE ADVOCACY IN THE AGE OF MASS INCARCERATION |
2021 Wisconsin Law Review 447 (2021) |
For over 50 years, the Legal Assistance to Incarcerated People (LAIP) Clinic at the University of Wisconsin Law School has represented people in prison. The clinic's advocacy evolved in response to the emergence of mass incarceration. Today, much of the clinic's work focuses on pursuing early release from prison for clinic clients. This Essay draws... |
2021 |
Yes |
| Gustavo Ribeiro |
EVIDENTIARY POLICIES THROUGH OTHER MEANS: THE DISPARATE IMPACT OF "SUBSTANTIVE LAW" ON THE DISTRIBUTION OF ERRORS AMONG RACIAL GROUPS |
2021 Utah Law Review 441 (2021) |
This Article develops an analytical framework to investigate novel ways in which legal reforms disguised as substantive can affect procedural due process safeguards differently among racial groups. Scholars have long recognized the impact evidence rules have on substantive policies, such as modifying primary incentives or affecting the... |
2021 |
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| I. India Thusi |
FEMINIST SCRIPTS FOR PUNISHMENT: THE FEMINIST WAR ON CRIME: THE UNEXPECTED ROLE OF WOMEN'S LIBERATION IN MASS INCARCERATION. BY AYA GRUBER. OAKLAND, C.A.: UNIVERSITY OF CALIFORNIA PRESS. 2020. PP. XII, 288. $29.95 |
134 Harvard Law Review 2449 (May, 2021) |
In her new book, The Feminist War on Crime, Professor Aya Gruber provides a critique of feminists, who have sought political vindication through a governance of punishment. Professor Elizabeth Bernstein coined the term carceral feminism to describe the feminist commitment to a law and order agenda and . a drift from the welfare state to the... |
2021 |
Yes |
| Dr. Donald F. Tibbs |
FROM TIKTOK TO RACIAL VIOLENCE: ANTI-BLACKNESS IN THE GENDERED SPHERE |
33 Saint Thomas Law Review 198 (Spring, 2021) |
The impact of Covid-19 on racial and social consciousness during 2020 was significant. While much of the world was in social incapacitation, we passed the time by tuning into our televisions and social devices. The local and national news told stories of the rising number of deaths lost to the virus. Particularly hard hit by the virus were people... |
2021 |
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| David Patton |
GIDEON'S PROMISE: A PUBLIC DEFENDER MOVEMENT TO TRANSFORM CRIMINAL JUSTICE BY JONATHAN RAPPING, BEACON PRESS (2020) |
45-MAY Champion 55 (May, 2021) |
Talk of criminal justice reform always includes certain topics: the crisis of mass incarceration, the endemic racism in the system, the desperate lack of resources for indigent defense, and the need for bail and sentencing reform, among many others. While Jonathan Rapping addresses those topics in his powerful call to arms, Gideon's Promise: A... |
2021 |
Yes |
| Benjamin Justice |
HOBBLING: THE EFFECTS OF PROACTIVE POLICING AND MASS IMPRISONMENT ON CHILDREN'S EDUCATION |
17 Annual Review of Law and Social Science 31 (2021) |
education, criminal justice, school, policing, incarceration, pipeline Researchers have written a good deal in the last two decades about the relationship between public education and criminal justice as a pipeline by which public school practices correlate with or cause increased lifetime risk for incarceration for Black and Latinx youth. This... |
2021 |
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| Harry B. Dodsworth |
IDENTIFYING THE MOST DEMOCRATIC INSTITUTION TO LEAD CRIMINAL JUSTICE REFORM |
116 Northwestern University Law Review 561 (2021) |
American criminal justice is in crisis, and most scholars agree why: unduly severe laws, mass incarceration, and disproportionate effects on minority groups. But they don't agree on a solution. One group of scholars-- known as the democratizers--thinks the answer is to make the criminal justice system more democratic. According to... |
2021 |
Yes |
| Benjamin Levin |
IMAGINING THE PROGRESSIVE PROSECUTOR |
105 Minnesota Law Review 1415 (February, 2021) |
In the lead-up to the 2020 Democratic presidential primary, Senator Kamala Harris's prosecutorial record became a major source of contention. Harris--the former San Francisco District Attorney and California Attorney General--received significant support and media attention that characterized her as a progressive prosecutor. In a moment of... |
2021 |
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| Itay Ravid |
INCONSPICUOUS VICTIMS |
25 Lewis & Clark Law Review 529 (2021) |
Recent debates on racial inequalities in the criminal justice system focus on offenders while neglecting the other side of the criminal equation--victims of crime. Such scholarly oversight is surprising given the similarly deep racial disparities in the treatment of victims, manifested in different stages of the criminal justice system. Delving... |
2021 |
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| Monica C. Bell , Katherine Beckett , Forrest Stuart |
INVESTING IN ALTERNATIVES: THREE LOGICS OF CRIMINAL SYSTEM REPLACEMENT |
11 UC Irvine Law Review 1291 (August, 2021) |
What logics underlie the call to defund the police, and how do those logics matter in policy debate? In the wake of widespread protests after the deaths of George Floyd, Breonna Taylor, and other victims of police violence during the summer of 2020, the Black Lives Matter movement's call to defund the police captured the national imagination.... |
2021 |
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| Aaron Littman |
JAILS, SHERIFFS, AND CARCERAL POLICYMAKING |
74 Vanderbilt Law Review 861 (May, 2021) |
The machinery of mass incarceration in America is huge, intricate, and destructive. To understand it and to tame it, scholars and activists look for its levers of power--where are they, who holds them, and what motivates them? This much we know: legislators criminalize, police arrest, prosecutors charge, judges sentence, prison officials confine,... |
2021 |
Yes |
| William S. Laufer , Robert C. Hughes |
JUSTICE UNDONE |
58 American Criminal Law Review 155 (Winter, 2021) |
There is far more justice that is not served than served in our criminal justice system. Well more than half of all offending and victimization fails to make its way into the criminal justice system. An additional share of wrongdoing from initial police contact to the end of the criminal process is diverted or exits. A host of additional personal,... |
2021 |
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| Fareed Nassor Hayat |
KILLING DUE PROCESS: DOUBLE JEOPARDY, WHITE SUPREMACY AND GANG PROSECUTIONS |
69 UCLA Law Review Discourse 18 (2021) |
The Fifth Amendment of the U.S. Constitution holds that no person shall be twice put in jeopardy of life or limb for the same offense. Read plainly, a person cannot be tried or punished more than once for a single crime. Yet in recent decades, as legislatures have expanded the prosecutorial state with weapons designed to punish more criminal... |
2021 |
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| Martín Sabelli , Law Offices of Martín A. Sabelli, San Francisco, California, 415-298-8435, Email msabelli@sabellilaw.com, Website http://sabellilaw.com |
LEGALIZED COERCION AND MASS INCARCERATION: WHY THE TRIAL PENALTY DOES GREATER VIOLENCE TO PEOPLE OF COLOR AND THE POOR |
45-OCT Champion 5 (September/October, 2021) |
In my first column, I touched on NACDL's commitment to eliminate the trial penalty--the profoundly and unconscionably coercive difference between a pretrial settlement offer and a post-trial sentence. In this column, I explore a painful reality that anyone in the trenches has experienced: The trial penalty punishes everyone caught in the machinery... |
2021 |
Yes |
| Mikaela A. Phillips |
MARRIAGE MANDATES: COMPELLED DISCLOSURES OF RACE, SEX, AND GENDER DATA IN MARRIAGE LICENSING SCHEMES |
27 William and Mary Journal of Race, Gender, and Social Justice 575 (Winter, 2021) |
Introduction I. A Brief History of Race and Sex in the Context of Marriage A. Anti-Miscegenation Laws and the Path to Loving B. Same-Sex Marriage Bans, Sodomy Laws, and the Path to Obergefell II. Speech, Privacy, and Marriage III. Overview of Compelled Speech Cases A. Compelled Ideological Messages: Barnette, Wooley, and FAIR B. Compelled... |
2021 |
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| Antje du Bois-Pedain |
MASS INCARCERATION, PENAL MODERATION, AND BLACK PRISONERS SERVING VERY LONG SENTENCES: THE CASE FOR A TARGETED CLEMENCY PROGRAM |
24 New Criminal Law Review 655 (Fall, 2021) |
The prevalent criminal justice practices in the U.S. have produced levels and patterns of incarceration that fewer and fewer politicians, scholars, and citizens care to support. There seems to be widespread consensus that the system is indicted as unjust by its outcomes no matter how these outcomes came about. But if that is so, how can it be... |
2021 |
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| Rabia Belt |
MASS INSTITUTIONALIZATION AND CIVIL DEATH |
96 New York University Law Review 857 (October, 2021) |
Most scholars who study felon disenfranchisement trace its roots back to Reconstruction. Southern states drew up laws to disenfranchise people convicted of felonies as an ostensibly race-neutral way to diminish the political power of newly freed Black Americans. Viewed against this historical backdrop, the onset of mass incarceration in the current... |
2021 |
Yes |
| Todd J. Clark , Caleb Gregory Conrad , André Douglas Pond Cummings , Amy Dunn Johnson |
MEEK MILL'S TRAUMA: BRUTAL POLICING AS AN ADVERSE CHILDHOOD EXPERIENCE |
33 Saint Thomas Law Review 158 (Spring, 2021) |
Meek Mill's life and career have been punctuated by trauma, from his childhood lived on the streets of Philadelphia, through his rise to fame and eventual arrival as one of hip hop's household names. In his 2018 track Trauma, Meek Mill describes, in revealing prose, just how the traumatic experiences he endured personally impacted and harmed him.... |
2021 |
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| Marie Gottschalk |
NO STAR STATE: WHAT'S RIGHT AND WRONG ABOUT CRIMINAL JUSTICE REFORM IN TEXAS |
19 Seattle Journal for Social Justice 927 (Spring, 2021) |
For more than a decade, Texas has been widely hailed across the political spectrum as a model for criminal justice reform. The origin story of the so-called Texas Miracle dates back to 2007 when legislators decided against spending an estimated $2 billion on new prison construction to accommodate projections that the state would need an additional... |
2021 |
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| Chinyere Ezie |
NOT YOUR MULE? DISRUPTING THE POLITICAL POWERLESSNESS OF BLACK WOMEN VOTERS |
92 University of Colorado Law Review 659 (Summer, 2021) |
On the one hundredth anniversary of the Nineteenth Amendment, this Article reflects on the legacy of Black women voters. The Article hypothesizes that even though suffrage was hard fought, it has not been a vehicle for Black women to meaningfully advance their political concerns. Instead, an inverse relationship exists between Black women's... |
2021 |
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| Etienne C. Toussaint |
OF AMERICAN FRAGILITY: PUBLIC RITUALS, HUMAN RIGHTS, AND THE END OF INVISIBLE MAN |
52 Columbia Human Rights Law Review 826 (Winter, 2021) |
The COVID-19 pandemic has exposed the fragility of American democracy in at least two important ways. First, the coronavirus has ravaged Black communities across the United States, unmasking decades of inequitable laws and public policies that have rendered Black lives socially and economically isolated from adequate health care services,... |
2021 |
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| Stephen M. Griffin |
OPTIMISTIC ORIGINALISM AND THE RECONSTRUCTION AMENDMENTS |
95 Tulane Law Review 281 (January, 2021) |
Fellow-citizens, we cannot escape history. --President Abraham Lincoln, December 1862 I. Introduction. 282 II. Public Meaning Originalism, Historical Inquiry, and the Problem of Constitutional Change. 287 A. Constructing the Past: Distinguishing Original Meaning and Nonoriginalism from Historical Inquiry. 287 B. The Problem(s) of Constitutional... |
2021 |
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| Mirko Bagaric, Dan Hunter, Jennifer Svilar |
PRISON ABOLITION: FROM NAÏVE IDEALISM TO TECHNOLOGICAL PRAGMATISM |
111 Journal of Criminal Law and Criminology 351 (Spring, 2021) |
The United States is finally recoiling from the mass incarceration crisis that has plagued it for half a century. The world's largest incarcerator has seen a small drop in prison numbers since 2008. However, the rate of decline is so slow that it would take half a century for incarceration numbers to reduce to historical levels. Further, the drop... |
2021 |
Yes |
| Mary Crossley |
PRISONS, NURSING HOMES, AND MEDICAID: A COVID-19 CASE STUDY IN HEALTH INJUSTICE |
30 Annals of Health Law and Life Sciences 101 (Summer, 2021) |
As the coronavirus closed down the United States economy in March 2020, it did not take long for predictions to emerge claiming that COVID-19 would disproportionately affect Black communities. Only weeks into the shutdown, Dr. Uché Blackstock, a health equity expert, began sounding the alarm, stating in an interview [w]hen it hits the fan, we're... |
2021 |
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| Cody McGraw |
PROSECUTING WITH COMPASSION, DEFENDING WITH POWER: PROGRESSIVE PROSECUTORS AND THE CASE FOR REHABILITATIVE JUSTICE |
9 Penn State Journal of Law & International Affairs 261 (2021) |
Introduction. 262 I. Tough On Crime, Soft On Justice: The Need For Criminal Justice Reform In America. 264 A. Mass Incarceration and Mass Supervision in America. 268 B. Once An Addict, Always a Criminal: America's Failed War On Drugs. 273 1. A Brief Overview of American Drug Enforcement Legislation. 274 2. The Impacts of the War on Drugs. 277 C. No... |
2021 |
Yes |
| Lee Kovarsky |
PROSECUTOR MERCY |
24 New Criminal Law Review 326 (Summer, 2021) |
The tailwinds might be behind criminal justice reform, but American mercy power remains locked in a sputtering clemency model. Centralized leadership should be braver or the centralized institutions should be streamlined, the arguments go--but what if the more basic mercy problem is centralization itself? In this essay, I explore that question. In... |
2021 |
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| Angela J. Davis |
PROSECUTORS AND RACE: RESPONSIBILITY AND ACCOUNTABILITY |
73 Rutgers University Law Review 1315 (Summer, 2021) |
Thank you so much, Madeline. I want to thank the Rutgers University Law Review and the Rutgers Center on Criminal Justice, Youth Rights, and Race for inviting me to participate in this very important symposium on Prosecutors, Power, and Racial Justice: Building an Anti-Racist Prosecutorial System. I want to give a special thanks to Professor Cohen... |
2021 |
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| Allison M. Freedman |
RETHINKING THE PLRA: THE RESILIENCY OF INJUNCTIVE PRACTICE AND WHY IT'S NOT ENOUGH |
32 Stanford Law and Policy Review 317 (July, 2021) |
During the latter part of the twentieth century, prison populations in the United States increased exponentially and the nation became notorious for mass incarceration. Despite what many viewed as a broken prison system, in 1996 Congress passed the Prison Litigation Reform Act (PLRA), with the avowed purpose of hindering prisoners and their... |
2021 |
Yes |
| Mugambi Jouet |
REVOLUTIONARY CRIMINAL PUNISHMENTS: TREASON, MERCY, AND THE AMERICAN REVOLUTION |
61 American Journal of Legal History 139 (June, 2021) |
This article focuses on the exceptional mildness of criminal punishments for alleged traitors in the wake of the American Revolution. American leaders were disinclined to inflict the death penalty on loyalists who supported British rule in the revolutionary war or on insurgents in the Shays, Whiskey, and Fries rebellions shortly after independence.... |
2021 |
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| Daniel S. Harawa |
SACRIFICING SECRECY |
55 Georgia Law Review 593 (Winter, 2021) |
Juries have deliberated in secret since medieval times. The historical reason for the secrecy is that it promotes impartiality, which in turn protects a defendant's right to a fair trial. But as it turns out, jurors are not always impartial. Lurid examples exist of jurors condemning defendants based on the defendant's race, sexuality, ethnicity,... |
2021 |
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| Adelle Blackett , Alice Duquesnoy |
SLAVERY IS NOT A METAPHOR: U.S. PRISON LABOR AND RACIAL SUBORDINATION THROUGH THE LENS OF THE ILO'S ABOLITION OF FORCED LABOR CONVENTION |
67 UCLA Law Review 1504 (April, 2021) |
Slavery is not a metaphor, yet the implications of the centuries-long transatlantic slave trade, and the literature on the Black Atlantic, are mostly ignored in the fast and furious international legal invocations of modern slavery, particularly involving various forms of labor exploitation along global value chains and global care chains. This... |
2021 |
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| Andrea D. Lyon , Hannah J. Brooks |
STEPPING TOWARDS JUSTICE: THE CASE FOR THE ILLINOIS CONSTITUTION REQUIRING MORE PROTECTION THAN NOT FALLING BELOW "CRUEL AND UNUSUAL" PUNISHMENT |
41 Northern Illinois University Law Review 47 (Spring, 2021) |
In these tumultuous times, when our nation is trying to not only navigate a global pandemic, but also actually reckon with its long history of institutional racism, mass incarceration, and devastation of poor communities and communities of color, the cry for criminal justice reform is loud and getting louder, particularly regarding sentencing, and... |
2021 |
Yes |
| Jalila Jefferson-Bullock, Jelani Jefferson Exum |
THAT IS ENOUGH PUNISHMENT: SITUATING DEFUNDING THE POLICE WITHIN ANTIRACIST SENTENCING REFORM |
48 Fordham Urban Law Journal 625 (March, 2021) |
Introduction: Understanding Calls to Defund the Police. 626 I. Policing in the United States: Systemic Racism, Racial Trauma, and the Need to Rebuild Democracy. 631 A. U.S. Policing Is Systemically Racist. 632 i. The Racist Roots of Policing. 632 ii. Police Funding Is Systemically Racist. 633 B. Policing and Racial Trauma. 636 i. Background... |
2021 |
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| Bernard E. Harcourt |
THE CRITIQUE AND PRAXIS OF RIGHTS |
92 University of Colorado Law Review 975 (Fall, 2021) |
The critique of rights has played a crowning role in critical philosophy. From Hegel to Marx, to Foucault and beyond--Duncan Kennedy, Christoph Menke, the contributors to this Symposium--the critique of rights has always represented an essential and inescapable step in the critique of modern Western society. The reason is plain: conceptions of... |
2021 |
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| Michael Morse |
THE FUTURE OF FELON DISENFRANCHISEMENT REFORM: EVIDENCE FROM THE CAMPAIGN TO RESTORE VOTING RIGHTS IN FLORIDA |
109 California Law Review 1143 (June, 2021) |
This Article offers an empirical account of felon disenfranchisement and legal financial obligations in the era of mass incarceration. It focuses on a 2018 ballot initiative, known as Amendment 4, which sought to end lifetime disenfranchisement in Florida. At the time, the Republican-controlled state accounted for more than a quarter of the six... |
2021 |
Yes |
| Ayesha Waraich |
THE HIDDEN COST OF INCARCERATION: WOMEN OF COLOR PAY THE PRICE OF LEGISLATION THAT ALLOWS FOR EXPLOITIVE PRIVATE PROFITS |
28 UCLA Women's Law Journal 89 (Summer, 2021) |
C1-2Table of Contents Introduction. 90 I. The Importance of Narration in Legal Writing. 92 II. The Rise in the Prison Population. 94 A. War on Drugs. 95 B. Mandatory Minimums Become the Weaponry for the War on Drugs. 97 C. Three Strikes Law. 99 III. Exploitation by Private Companies. 100 A. Call Me, Maybe?. 101 B. Commissary. 106 C. A Guide to... |
2021 |
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| Justin Driver , Emma Kaufman |
THE INCOHERENCE OF PRISON LAW |
135 Harvard Law Review 515 (December, 2021) |
C1-2Contents Introduction. 517 I. The Constitution Imprisoned. 525 A. Expansion. 527 B. Retrenchment. 535 II. The Shifting Premises of Prison Law. 542 A. Violence. 542 B. Literacy. 548 C. Privacy. 553 D. Rehabilitation. 558 III. Beyond the Mythic Prison. 567 A. Statism. 568 B. Exceptionalism. 571 C. Empiricism. 576 Conclusion. 584 |
2021 |
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| Brandon Hasbrouck |
THE JUST PROSECUTOR |
99 Washington University Law Review 627 (2021 ) |
As the most powerful actors in our criminal legal system, prosecutors have been and remain one of the principal drivers of mass incarceration. This was and is by design. Prosecutorial power derives from our constitutional structure--prosecutors are given almost unfettered discretion to determine who to charge, what to charge, and, often, what the... |
2021 |
Yes |
| Eisha Jain |
THE MARK OF POLICING: RACE AND CRIMINAL RECORDS |
73 Stanford Law Review Online 162 (June, 2021) |
This Essay argues that racial reckoning in policing should include a racial reckoning in the use of criminal records. Arrests alone--regardless of whether they result in convictions--create criminal records. Yet because the literature on criminal records most often focuses on prisoner reentry and on the consequences of criminal... |
2021 |
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