Categorical Declinations & Democracy
Categorical Declinations & Democracy The most contentious action taken by reform prosecutors has been the issuance of categorical declination policies. Opponents decry this as bureaucratic nullification of democratically enacted offenses,…
County Prosecution and State Preemption: The Confusing Politics of Criminal Legal Reform and Backlash
County Prosecution and State Preemption: The Confusing Politics of Criminal Legal Reform and Backlash Urban reform prosecutors, who are generally elected at the county level, find themselves in a tricky…
Prosecuting Police
Prosecuting Police Prosecutors face criticism for prosecuting too many minority members and too few police. Recently, some reformers have won prosecutorial elections by pledging to change these priorities. Yet scholars…
Second Look Myopia: State Sentencing Reform and the Local Prosecutorial Response
Second Look Myopia: State Sentencing Reform and the Local Prosecutorial Response This Article advises caution against over-reliance on local prosecutors’ offices to effect second-look reforms and to filter cases worthy…
Legislatures and Localized Resentencing
Legislatures and Localized Resentencing Recent legislation, exemplified in statutes from California and Washington, creates new methods for resentencing defendants in old cases. These laws place controlling authority for resentencing in…
Evidence of Unfairness: New York’s 2020 Discovery Statute Reduced Fairness for Defendants, Victims, and Society
Evidence of Unfairness: New York's 2020 Discovery Statute Reduced Fairness for Defendants, Victims, and Society To ensure fairness and safety for all citizens, it is crucial to evaluate the impact…
Excessive Force in Prison
Excessive Force in Prison Any time a correctional officer (CO) physically assaults someone in prison, their conduct demands an especially compelling justification and robust ex post scrutiny. Instead, governing Eighth…
Rubbing Salt into the Wound: Environmental Injustices in Prisons and the Difficulties of Obtaining Relief
Rubbing Salt into the Wound: Environmental Injustices in Prisons and the Difficulties of Obtaining Relief American prisons are often built near or on environmentally hazardous lands. Not only do prison…
Beyond Bars: Exploring Alternative Possibilities to Address Sexual and Gender Based Violence
Beyond Bars: Exploring Alternative Possibilities to Address Sexual and Gender Based Violence Many people agree that the United States carceral system is flawed. However, it can be difficult to discuss…
Law in Inaction: The Origins and Implications of Chronic Drug Law Underenforcement in One Southern County
Law in Inaction: The Origins and Implications of Chronic Drug Law Underenforcement in One Southern County Common accounts of police and prosecutorial nonenforcement discretion tend to valorize individual declination choices…
Police Diversity Theory
Police Diversity Theory In light of both the tragic death of Tyre Nichols in Memphis at the hands of black police officers and the mixed results of studies of Black…
Abolition of What?
Abolition of What? This Article defends a structural theory of the brutality of the carceral state. We argue that American penal systems are destined to be inhumane, barring sweeping changes…