In our increasingly polarized society, claims that prosecutions are politically motivated, racially motivated, or just plain arbitrary are more... MORE
Prison abolition, in the span of just a few short years, has established a foothold in elite criminal legal discourse. But the basic question of how... 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
Writing for the Supreme Court in McCleskey v. Kemp, Justice Lewis F. Powell, Jr. authored a maximalist decision that transcended capital practice and... 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
The Law of the Police is the first book to explore the complex array of federal, state, and local legal rules that govern police encounters with the... 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
Recent events have brought to the fore longstanding concerns about the nature of policing in the United States and how it undermines racial equity.... 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
