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
Shreya Subramani’s Essay offers an incisive, critical, and sobering appraisal of the “reentry space” in New Orleans, Louisiana. She complicates our... MORE
In this article, we focus on two highly problematic issues in the manner in which the First Step Act of 2018 is being implemented by the Bureau of... MORE
Peremptory strikes, and criticism of the permissive constitutional framework regulating them, have dominated the scholarship on race and the jury for... 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
