Criminal

August 10, 2020

The title of this post is the title of this notable new paper authored by Jacob Schuman just posted to SSRN. Here is its abstract: The United States has the largest prison population in the developed world. Yet outside prisons, there are almost twice as many people serving terms of criminal supervision in the community — probation, parole, and supervised release. At the federal level, this “mass supervision” of convicted offenders began with the Sentencing…

Sentencing Law and Policy

Oregon Drug Decriminalization Initiative Would Produce “Significant Reductions in Racial/Ethnic Disparities” According to State Commission

By Douglas Berman

August 10, 2020

As reported in this local press piece, headlined “Oregon Criminal Justice Commission: Initiative Petition 44 Will Nearly Eliminate Racial Disparities for Drug Arrests, Convictions,” a notable state commission has reported that a notable state ballot initiative will have a notable impact on equity in the criminal justice system. Here are the basics from the press piece: Racial disparities in drug arrests will drop by 95% if Oregon voters pass a drug treatment and decriminalization…

Simple Justice

Which Is To Be Master?

By Scott Greenfield

August 9, 2020

There have been some curious discussions of pedagogy of late, from 2+2=5 to whether the rules of grammar should be abandoned, in recognition of diversity and inclusiveness. Or, as the more blunt put it, anti-racism. The math issue, where values were conveniently altered to prove the point, was the sort that served only those who desperately sought to argue their point. But what if you use base 8? Huh? HUH? But what if it’s 2…

Simple Justice

Short Take: Can The NYPD Be This Stupid? Yes

By Scott Greenfield

August 9, 2020

Helicopters in the air. Dogs in the hallway. RMPs everywhere and tons of cops. A mass murderer? Terrorists? Nope. Shit for brains, as nothing else explains the incomprehensible excesses to arrest a 28-year-old protest leader for talking with his megaphone near the ear of a cop. But wait! They came without a warrant. They left without an arrest. Even in the grand scheme of stupid cop tricks, this one takes the cake. Derrick Ingram,…

Simple Justice

Seaton: The Drew Dilemma

By Scott Greenfield

August 9, 2020

This week Federal agents arrested American Ninja Warrior star Drew Dreschel. Charges against Drew range from “manufacture of child pornography” to “travel with the intent to engage in illicit sexual conduct with a minor.” According to TMZ, Dreschel will be held without bail until his trial in New Jersey as a judge found him to be a flight risk and danger to the community. Drew is well known in the Parkour/Freerunning world in addition to…

Sentencing Law and Policy

"Beyond Unreasonable"

By Douglas Berman

August 8, 2020

The title of this post is the title of this notable new paper authored by John Inazu and now posted to SSRN. Here is its abstract: The concept of “reasonableness” permeates the law: the “reasonable person” determines the outcome of torts and contracts disputes, the criminal burden of proof requires factfinders to conclude “beyond a reasonable doubt;” claims of self-defense succeed or fail on reasonableness determinations. But as any first-year law student can attest, the…

Sentencing Law and Policy

Making sure not to look past or become numb to persistently ugly pandemic realities in incarceration nations

By Douglas Berman

August 8, 2020

It has now been a couple of weeks since I did a round-up of prison-COVID press pieces. To their credit, the press and commentators keeping reporting and discussing the discouraging tales that keep emerging from our prisons and jails. But I cannot help but find, as we enter the sixth month of this pandemic, that it has become disconcertingly easier to become numb to these persistently depressing stories. Eager not to look past these still…

Simple Justice

The New Cops On Lawn Chairs

By Scott Greenfield

August 8, 2020

For years, I’ve highlighted failings within the legal system. Police are one of the major sources of problems. Prosecutors, judges and defense lawyers too, but police play a far different role in society. Most of the time, cops didn’t like what I had to say about them much. I was always criticizing, and it hurt their feelings not to be recognized for the good they do. Even when I wrote something nice about cops, it…

Sentencing Law and Policy

Notable Prison Policy Initiative update on pandemic changes to prison and jail populations

By Douglas Berman

August 7, 2020

Prison Policy Initiative published yesterday this great updated analysis (with lots of helpful charts and data visuals) of jail and prison populations changes amid the pandemic. The full title of this publication captures the essence of the analysis: “Jails and prisons have reduced their populations in the face of the pandemic, but not enough to save lives: Our updated analysis finds that the initial efforts to reduce jail populations have slowed, while the small drops…

Sentencing Law and Policy

Effective review of messiness of federal compassionate releases amidst COVID

By Douglas Berman

August 7, 2020

BuzzFeed News has this great lengthy new piece on the messy realities of federal compassionate release realities during the pandemic. The full headline of the piece, which I recommend in full, provides a summary: “‘I Had Hit The Lottery’: Inmates Desperate To Get Out Of Prisons Hit Hard By The Coronavirus Are Racing To Court: With little legal precedent for a global pandemic, judges are deciding on a case-by-case basis how to weigh the risks…