law & policy
Exceptional Punishments
No one should be made to give up their rights in exchange for being spared from prison.
TOPICS
Law & Policy
HOW LAW AND PUBLIC POLICY SHAPE MASS INCARCERATION
37 posts in ‘Law & Policy’
Beyond Reform
Procedural Justice Isn’t Enough
In immigration court and beyond, fair process matters. But fair laws, fair legal systems, and fair societies matter far more.
Policing
Making Cops Pay
Ending qualified immunity won’t solve police violence. But making officers feel the sting of their actions in court can get us a step closer to ending it.
interventions
Brady ’s Failure
The rule was supposed to prevent prosecutors from hiding evidence. It hasn’t worked—but there’s a better way.
Policy
Serial Injustices
Millions rallied behind Adnan Syed, whom the system gave a second look. Many others serving extreme sentences deserve a second look, too.
legal history
Litigious Zeal
One might say incarcerated Muslims sue religiously. And true enough, a deep belief in justice is what moves them to resist oppression this way.
In Depth
Anything But Petty
Misdemeanors are major sources of overcriminalization and punishment. Requiring jurors to screen them could shake up the system.
In Depth
Jail by Another Name
The rise of pretrial e-carceration in San Francisco has created a new class of people for whom freedom remains elusive.
excerpt
Repression and Backlash
The tangle of policy responses following the 2020 uprisings over police violence shows that both Republicans and Democrats failed to meet the moment.
interventions
Nullifying Dobbs
Jurors’ conscientious refusal to convict people charged for violating abortion bans is perfectly legal — and what justice demands.
public health
Letting Kids Be Kids
Prosecution, incarceration, and surveillance don’t stop child sexual abuse. But prevention can.
In Depth
Federal Time
Congress' rush to respond to recent mass shootings will criminalize Black and Brown communities the hardest, repeating historic mistakes that contributed to mass incarceration.
Crimmigration
Court-Assisted Expulsions
Immigrants fighting their deportations need lawyers. That doesn’t mean federally funding their defense should be a movement goal.
Decarceral Pathways
Welfare Check
Here’s how federal cash assistance for low-income youth impacts whether they come in contact with the criminal legal system.
advocacy
Virginians on My Mind
Everyone is redeemable. For that reason, I won’t stop fighting for those people our governor and the legislature have left to die in our prisons.
public health
Policing Health
The surprising link between Medicaid expansion and arrests levels suggests that keeping people healthy also keeps them from the reach of the criminal legal system.
system actors
Busting the Myth
Many progressive prosecutors promised bold change. In Virginia and elsewhere, reformers are realizing that they’re still actors in the same machinery of injustice.
Policy
‘Something on Women’
Carceral feminists clamored for the Violence Against Women Act. What they got in return was criminalization, incarceration, and more violence.
In Depth
A Pound of Flesh
Fines and fees have a devastating effect on Black women and their communities. Abolishing them is the only option.
Big Data
Transgressing Borders
Racist gang profiling on the street becomes hard data, which then feeds a sprawling detention and deportation machine with the imprimatur of law.
public health
Drug-Induced Panic
Criminalization of so-called drug-induced homicides is yet another manifestation of the failed war on drugs — and far from an adequate public health response.
A closer look
And a Public Defender for All
We can celebrate the ascent of Ketanji Brown Jackson, while acknowledging that indigent defense remains woefully inadequate in this time of crisis.
Race and the Law
Reclaiming Whren
How a committed critical race theorist on the bench might have written one of the worst Fourth Amendment cases in history.
A closer look
No Compassion
Judge Michelle Childs’ many denials of compassionate release signal a carceralism that should have no place on the Supreme Court.
In Depth
Home Rule
In weighing the future of thousands placed on home confinement during the pandemic, the government should prioritize where they are now: in their communities.
In the States
Moving Forward
After a clean sweep in November, Republicans are now running Virginia. But the prospect of more progress, and justice, remains within reach for all Virginians.
Crimmigration
The Border State
Our nation’s turn toward punitiveness for people arriving at the Southwest border coincided with the modern era of mass incarceration.
interventions
More Than a Number
Older New Yorkers are dying in state prison at an alarming rate. Once and for all, they need to come home to their families.
In Depth
Carceral Wisdom
Like the value they bring to the classroom, people who have experienced the harms of the penal system have much knowledge to bring to our nation’s jury trials.
In Depth
Follow the Science
Federal law enforcement has long called the shots in the field of drug scheduling. But in the case of fentanyl analogues, Congress has a chance to lead — by doing…