In our increasingly polarized society, claims that prosecutions are politically motivated, racially motivated, or just plain arbitrary are more... MORE
The future of police reform might be best predicted by looking to the recent past, where we find countless proposals for change. But merely looking... MORE
When individuals are arrested or indicted for a crime, governments have legitimate interests in assuring that those individuals show up for future... MORE
We accept uncritically the “recidivist premium,” which is the notion that habitual offenders are particularly blameworthy and should be punished... MORE
Even police critics often assume that arrests are essential to policing. This Article challenges that assumption and argues that arrests should be... MORE
How dangerous must a person be to justify the state in locking her up for the greater good? The bail reform movement, which aspires to limit pretrial... MORE
Juries are the lifeblood of our criminal justice system. As the Framers clearly understood, and as the Supreme Court has consistently reaffirmed in... MORE
Courts routinely use low cash bail as a financial incentive to ensure that released defendants appear in court and abstain from crime. This can... MORE
Scholars have criticized requirements that inmates prove malice or deliberate indifference to establish constitutional claims against corrections... MORE
In several U.S. jurisdictions, prosecutors charge defendants with nonexistent criminal offenses. Sometimes the crimes do not factually exist, meaning... MORE
Two kinds of recurring events – police violence and political protests – highlight some of the tensions between criminal justice administration and... MORE
Objection rules enforced by forfeiture penalties make the right to appeal contingent on whether the party injured by an opponent’s or judge’s error... MORE
Risk assessment plays an increasingly pervasive role in criminal justice in the United States at all stages of the process—from policing to pretrial... MORE
Shreya Subramani’s Essay offers an incisive, critical, and sobering appraisal of the “reentry space” in New Orleans, Louisiana. She complicates our... MORE
