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Law & Policy

HOW LAW AND PUBLIC POLICY SHAPE MASS INCARCERATION

53 posts in ‘Law & Policy’

interventions

The President and the Police

A second Trump presidency may render police accountability elusive. But, as before, people and communities can and will fight back.

Joanna Schwartz

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law & policy

Don’t Talk to the Cops

Your right against self-incrimination is not safe in a criminal system that cares more about coercing convictions than about finding the truth.

Justin Brooks

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public health

The Prescription Police

Placing criminal system tools in health-care providers’ hands causes irreparable damage to patient care and public trust.

Elizabeth Chiarello

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A closer look

Playing with Originalism

Should advocates looking to unwind our nation’s punitive excesses engage a Supreme Court that set them in motion?

Cristian Farias

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In the States

The People v. the Prison

California is discovering the hard way that you can’t leave decarceral reforms in the hands of prison officials.

Ivan Kilgore

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democracy & power

Death Qualified

The presidential candidates are worlds apart on the death penalty. The winner could either jolt or sap the energy of the movement to end it.

Lee Kovarsky

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A closer look

A Pattern of Injustice

The Ferguson report was a landmark. But the Department of Justice needs to do much more to empower communities in the fight to end police abuse.

Christy Lopez

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In Depth

Ferguson’s Pound of Flesh

Ten years ago, the killing of Michael Brown exposed a system that extracts what little wealth marginalized people have. That system is still here.

Alexes Harris

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In Depth

Sticking with the Sex

From sex work to sex offender registries, a queer politics requires that we end state practices of sex exceptionalism.

Joseph J. Fischel

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law & policy

When the Law Is a Trap

The Prison Rape Elimination Act often revictimizes incarcerated survivors by expanding the power of the prison over them.

E. Zimmerman

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advocacy

Philly’s Safe Consumption Fight

Public skepticism about scientific research, coupled with echoes of the war on drugs, have hindered our city’s ability to respond to our overdose crisis.

Shoshana Aronowitz

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campaigns

A Breakthrough on Solitary

Connecting it to the fight for disability rights has helped activists in California to make exciting progress in their effort to end solitary confinement.

Pamila Lew

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Crimmigration

Decriminalizing Migration

Taking criminal law out of immigration enforcement is a step toward safer, healthier communities. But is it enough?

Cristian Farias

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public history

The Suburban Drug War

How white, middle-class youth in the suburbs experienced the war on drugs is a largely untold chapter in the arc of mass incarceration.

Matthew D. Lassiter

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In Depth

When ‘Community’ Isn’t Actually the Community

The crisis of youth incarceration won’t be solved by cynical attempts to co-opt the language of grassroots organizing.

Sarah Cate

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Crimmigration

Deconstructing Immigrant Binaries

To truly provide justice for those with criminal records, we must question harmful binaries that separate “good” from “bad” immigrants.

Sarah Tosh

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law & policy

Exceptional Punishments

No one should be made to give up their rights in exchange for being spared from prison.

Kate Weisburd

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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.

Maya Pagni Barak

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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.

Joanna Schwartz

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interventions

Brady ’s Failure

The rule was supposed to prevent prosecutors from hiding evidence. It hasn’t worked—but there’s a better way.

Thomas Dybdahl

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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.

Cecilia Bruni & Destiny Fullwood-Singh

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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.

SpearIt

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In Depth

Anything But Petty

Misdemeanors are major sources of overcriminalization and punishment. Requiring jurors to screen them could shake up the system.

J.D. King & Andrea Roth

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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.

Sandra Susan Smith & Cierra Robson

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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.

Elizabeth Hinton

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interventions

Nullifying Dobbs

Jurors’ conscientious refusal to convict people charged for violating abortion bans is perfectly legal — and what justice demands.

Peter N. Salib & Guha Krishnamurthi

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public health

Letting Kids Be Kids

Prosecution, incarceration, and surveillance don’t stop child sexual abuse. But prevention can.

Elizabeth Letourneau

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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.

Kyana Givens, Michael Carter & Laura Ginsberg Abelson

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Crimmigration

Court-Assisted Expulsions

Immigrants fighting their deportations need lawyers. That doesn’t mean federally funding their defense should be a movement goal.

Angélica Cházaro

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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.

Manasi Deshpande & Michael Mueller-Smith

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