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.
TOPICS
Law & Policy
HOW LAW AND PUBLIC POLICY SHAPE MASS INCARCERATION
45 posts in ‘Law & Policy’
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…
In Depth
‘Organizers Change What’s Possible’
Before bold, decarceral changes can become a reality, community organizers tirelessly move the policy needle in other ways. Here’s how they did it in Illinois.
book review
Trials Without Justice
Plea bargaining may be a bad deal overall. But for many Black and Brown defendants, is the alternative any better?
excerpt
An American Invention
In the struggle to end mass incarceration, one must understand how the criminalization of violence is largely a modern creation.
DOJ
Keeping Them Home
During the Trump administration, lawyers at DOJ said thousands of people who were sent home from prison during the pandemic need to be sent back when the COVID emergency ends.…
Sentencing
Unfinished Business
Reckoning with the lives of all the men I sent to prison is a necessary, though not sufficient, step to reckon with the untold harm of mass incarceration.
Crimmigration
Immigration Imprisonment Is a Choice
Quickly, legally, and unilaterally, the Biden administration could easily free tens of thousands trapped in ICE detention. Whether it wants to is another story.
Institutions
Where Reform Goes to Die
In its first six months, the Biden Administration has delivered major criminal justice disappointments. The problem: DOJ is calling the shots.