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Sarah Lustbader

Sarah Lustbader, senior legal counsel, was previously senior program associate at the Vera Institute of Justice and a criminal defense attorney at The Bronx Defenders.

Jeffrey Epstein, An Ironic Catalyst For Jail Reform

Spotlights like this one provide original commentary and analysis on pressing criminal justice issues of the day. You can read them each day in our newsletter, The Daily Appeal. When Jeffrey Epstein died in a federal jail, the attorney general was, as he tells it, “appalled” and “frankly angry to learn of the MCC’s failure to adequately […]

The First Beneficiary of a Sentence Review Unit Walks Free

Spotlights like this one provide original commentary and analysis on pressing criminal justice issues of the day. You can read them each day in our newsletter, The Daily Appeal. Last week, San Diego District Attorney Summer Stephan reported that a 57-year-old man has become the first person freed under a new law that lets prosecutors review […]

Horrific Cases Test Our Commitment To Mercy And Understanding

Spotlights like this one provide original commentary and analysis on pressing criminal justice issues of the day. You can read them each day in our newsletter, The Daily Appeal. In 2011, Anders Breivik killed 77 people, many of them teenagers attending a Labor Party meeting. He said the murders were justified because his victims embraced multiculturalism, […]

hoto by David McNew/Getty Images.

What ICE Reveals About Itself When It Detains U.S. Citizens

Spotlights like this one provide original commentary and analysis on pressing criminal justice issues of the day. You can read them each day in our newsletter, The Daily Appeal. Americans might be forgiven for overlooking immigration news of late. Some have been busy trying to ease their disappointment over the Mueller hearings, and many, apparently, have […]

The federal government offered four arguments for reinstating the death penalty. They all fail. 

What you’ll read today Spotlight: The federal government offered four arguments for reinstating the death penalty. They all fail.  Pennsylvania Democrats had a chance to reject law limiting Philly DA’s authority  Florida sheriffs arrest hundreds in ‘trafficking’ stings Secret documents show that Amazon’s Ring is ‘using local police as a de facto advertising firm’ Virginians […]

Risk assessment tools are flawed—should we throw them away? 

What you’ll read today Spotlight: Risk assessment tools are flawed—should we throw them away?  In Alabama, decades-delayed injustice in a double homicide—or a brand new injustice?  AG Barr says federal government will start executing people Federal court ruling could overturn hundreds of immigrant convictions Meek Mill gets a new trial In the Spotlight Risk assessment […]

The allocution will not be televised

What you’ll read today Spotlight: The allocution will not be televised Decarceration activist Janos Marton launches run for Manhattan DA Media Frame: Stop quoting Bill Bratton Prosecutors are trying to lock up people recently freed by the First Step Act Mark Kleiman, towering figure in drug policy, dies Bail reform in North Carolina results in no […]

States Are Blocking Courtroom Recording. But Reform Requires Transparency.

Spotlights like this one provide original commentary and analysis on pressing criminal justice issues of the day. You can read them each day in our newsletter, The Daily Appeal. Last week, court watchers from the Philadelphia Bail Fund and a journalist filed a federal lawsuit to challenge a ban on audio recording during bail hearings, arguing that […]

Stevens’s views evolved over time. Scalia called it ‘arrogance,’ but it was the opposite.

Special Edition Stevens’s views evolved over time. Scalia called it ‘arrogance,’ but it was the opposite. Just about every year while they were on the bench, the Supreme Court Justices John Paul Stevens and Antonin Scalia would take each other on. “These contests reflect the temperaments of the two men—Stevens’s cautious balancings against Scalia’s caustic certainties,” wrote […]

Blue Bell listeria outbreak killed three people, but only the teenage prankster accused of licking a carton will face charges

What you’ll read today Spotlight: Blue Bell listeria outbreak killed three people, but only the teenage prankster accused of licking a carton will face charges Philadelphia DA asks court to declare death penalty system unconstitutional The struggle to be trans in Minnesota’s sex offender program No charges for killing Eric Garner WNYC uncovers direct link […]

Biden’s tough-on-crime past: Were all Dems really like that? 

What you’ll read today Spotlight: Biden’s tough-on-crime past: Were all Dems really like that?  ‘A town without pity’: Lawsuits allege police cover-up of sex abuse by officers in Maine New York’s highest court takes a big step backward The secret Facebook group where border patrol agents joke about children dying Groups sue to block Florida […]

Joe Biden debating on stage

Spotlight: Biden and the Tough-on-Crime Election Fallacy

Editor’s Note: The Daily Appeal is occasionally examining the 2020 presidential contenders’ records, platforms, and rhetoric on issues relating to criminal justice. You can find past installments here. The most memorable moment of the Democratic primary debates last week came when Senator Kamala Harris confronted former Vice President Joe Biden about his record on racial […]

What if Justice Roberts gave criminal defendants do-overs like he did for the Trump administration? 

What you’ll read today Spotlight: What if Justice Roberts gave criminal defendants do-overs like he did for the Trump administration?  New Orleans youth crime: the epidemic that wasn’t Pennsylvania police department accused of sexism Bank of America will no longer fund private prisons (but Wayfair apparently will do business with them) Pennsylvania becomes the first […]

On Curtis Flowers, the Supreme Court got it right—for the wrong reasons

What you’ll read today Spotlight: On Curtis Flowers, the Supreme Court got it right—for the wrong reasons In Oklahoma, private companies run pretrial services, driving people into debt Wisconsin on track to fund more prosecutors Study finds releasing prisoners in California reduced recidivism rate The NYPD has received thousands of bias complaints and substantiated none […]

Spotlight: Reactions to Free Jail Calls Demonstrate ‘Status Quo Bias’

Beginning next week, people locked up in San Francisco will be able to call their loved ones for free. Last year, people in the city’s jails spent $1.7 million on phone calls and commissary, of which half a million went to GTL, a major corrections telecommunication company. For Mayor London Breed, who introduced the provision in the San Francisco […]

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Corrupt cops, lazy lawyers, and cowardly politicians: Kevin Cooper’s case exemplifies three and a half decades of systemic failures

What you’ll read today Spotlight: Corrupt cops, lazy lawyers, and cowardly politicians: Kevin Cooper’s case exemplifies three and a half decades of systemic failures Orange County’s ‘standard operating procedure’ Jackie Lacey’s legacy is ‘unfair and discriminatory,’ advocates say New York State strikes three blows against private prisons Protesters shut down North Carolina jail, say bail […]

In Alabama, departing sheriffs destroy property, deplete funds, and (usually) face no consequences

What you’ll read today Spotlight: In Alabama, departing sheriffs destroy property, deplete funds, and (usually) face no consequences Floridians are suing a cop fired for planting drugs in their vehicles California and Iowa police ask for access to security doorbells and neighborhood crime apps Federal court says Michael Brown’s shooter did not illegally detain Brown […]

Linda Fairstein is canceled. Is ‘Law & Order’ culture next?

What you’ll read today Spotlight: Linda Fairstein is canceled. Is ‘Law & Order’ culture next? Media Frame: Using gun fears to demagogue bail reform The Appeal Podcast: What’s changed since the 2018 prison strike? Kentucky Supreme Court strikes down ‘Marsy’s Law’ because voters were not told what it would do New York advocates go on […]

Bill de Blasio seems perplexed about circumstances that led to a trans woman’s death at Rikers Island. He shouldn’t be.

What you’ll read today Spotlight: Bill de Blasio seems perplexed about circumstances that led to a trans woman’s death at Rikers Island. He shouldn’t be. How a D.C. Lawmaker is challenging the racist roots of prison voting restrictions Arrested for shoplifting and dead 2 days later New York lawmakers propose decriminalizing sex work Federal government withdraws […]

When saving lives is illegal, something is wrong with the law. When humanitarians are prosecuted, something is wrong with law enforcement.

What you’ll read today Spotlight: When saving lives is illegal, something is wrong with the law. When humanitarians are prosecuted, something is wrong with law enforcement. Data raises questions about Harris County DA’s push for more lawyers Commentary: Body cameras and Tasers rake in billions for Axon, but they’re no panacea for police violence Utah […]

‘A new wave of prosecutorial transparency’

What you’ll read today Spotlight: ‘A new wave of prosecutorial transparency’ Introducing Media Frame: A column that critiques coverage of criminal justice issues Pleading guilty to get out of jail A bill in Alabama would require people convicted of sex offenses to undergo ‘chemical castration’ as a condition of parole Dallas Police Department responds after […]

A law to help free domestic violence survivors, drafted by incarcerated women

What you’ll read today Spotlight: Incarcerated women helped draft a New York bill to help free domestic violence survivors. Now it’s law.   Queens prosecutor’s office failed to share 911 tapes in murder trial and then lost file, attorneys say Video hearings: The choice ‘between efficiency and rights’ Largest public defense office in Oregon stops taking […]