Over-Reliance on Plea Deals is Damaging the Criminal Legal System
gorodenkoff / iStock by Getty Images Over-Reliance on Plea Deals is Damaging the Criminal Legal System by Nneka Ewulonu It’s easy for the average American to envision a courtroom trial. Shows like “Law and Order” inundate us with fictional depictions of trials—from the thud of a gavel to the inquisitive eyes of a jury—with an […]
Nneka Ewulonu Dec 14, 2022
Gay And Trans ‘Panic’ Is Still Being Used To Justify Anti-LGBTQ Attacks
Some states have banned the controversial legal defense, but other efforts, including at the federal level, are facing challenges.
Adam M. Rhodes Dec 20, 2021
Massachusetts Could Loosen Life Without Parole Restrictions For Young People
Justices in the state’s highest court are weighing whether it is unconstitutional to sentence people convicted of murder and aged 18 to 20 to life without parole.
Ella Fassler Jun 30, 2021
Five Times Miami’s New Police Chief Got It Wrong on Public Safety
Art Acevedo’s recent comments reveal an official who, despite his “good cop” veneer, has played fast and loose with the facts when it comes to addressing public safety.
Eoin Higgins Apr 12, 2021
The Dissenter
Former Louisiana Supreme Court Chief Justice Bernette Johnson’s fiery dissents on mass incarceration and sentencing in America’s most carceral state garnered international attention. But the rise of the first Black woman on the court was characterized by one battle after another with the Deep South’s white power structure.
Elon Green Mar 02, 2021
There Are Too Many Prosecutors On the Bench. Take It From Me, a Prosecutor
Courts must not overrepresent the viewpoints of the most powerful at the expense of the communities they serve.
Sarah Fair George Jan 08, 2021
Reform Advocates Want To Oust Illinois Judge Who Fought To Detain Young Children
A coalition of organizations is hoping Michael Toomin, who is also unwilling to implement diversion programs, loses his retention election.
Kira Lerner Oct 16, 2020
Democrats Could Flip the Ohio and Michigan Supreme Courts
Shifting control of the states’ highest courts next month will prove critical on a number of major issues, including redistricting in 2021.
Joshua Vaughn Oct 15, 2020
New York Watchdogs Lack Data to Track Judges’ Compliance With Bail Reform
Although the new law took effect in January, state data showing how courts are applying it won’t be available until July 2021. And without funding, courts in small towns and villages may never collect the data.
Steven Yoder Sep 09, 2020
Virtual Hearings Have Created A ‘Caste System’ In America’s Courts
Precautions meant to minimize the spread of COVID-19—like remote hearings by video conferencing—have drastically changed the way people experience the judicial process, leaving some at a distinct disadvantage.
Elizabeth Brico Jul 31, 2020
Racial Disparity Among Prosecutors and Trial Judges Translates to Unequal Justice, Activists Say
Studies show that 95 percent of the nation’s prosecutors are white and that the lack of Black and brown representation in courts negatively affect outcomes for people of color.
Dawn R. Wolfe Jul 24, 2020
Judges Must Also Be Centered In Demands To Defund And Divest From Mass Criminalization
Calls to defund the police must also be accompanied with divesting power and discretion from judges.
Gina Clayton-Johnson Jun 17, 2020
Despite COVID-19 Cases, Mississippi Is Slow to Review Jail Populations For Release
The state’s public defender asked the state Supreme Court in April to speed up reviews of people held pretrial, but advocates say it’s unclear if district courts have complied.
Ko Bragg May 28, 2020
A Vermont Judge Had Plans to Slow the Spread of COVID-19 in Prisons. Lawmakers Scrapped Them.
Political concerns are slowing efforts to depopulate prisons in the state, advocates say.
Adam Willems May 01, 2020
Judges Are Exploiting the COVID-19 Pandemic to Advance the Conservative Agenda
A trio of cases in Wisconsin and Texas illustrates how Republican judges are feigning helplessness in the face of a public health crisis while furthering their own ends.
Jay Willis Apr 22, 2020
As Coronavirus Spreads, So Does Panic and Confusion at Immigration Courts Across The U.S.
Lawyers, judges, and advocates for migrant children wonder what it will take to close all 69 immigration courts. ‘I hope that it won’t take a death, but I worry that it will,’ one lawyer said.
Liz Robbins Apr 03, 2020
‘Is My Life Not As Valuable As Yours?’ Immigration Judges Want All Courts Shut Down As Coronavirus Cases Soar
The Trump administration’s hardline immigration policies are intersecting with a highly contagious disease at a time when cities across the country are shutting down.
Liz Robbins Mar 23, 2020
Survey: A Majority Of Voters Support Review Of Extreme Sentences
A new survey shows support across political lines for second-look legislation and sentence review by prosecutors
Vaidya Gullapalli Feb 24, 2020
A New York Law Could Reduce Sentences for Domestic Violence Survivors. Why Are Judges Reluctant to Apply It?
The Domestic Violence Survivors Justice Act allows judges to consider shorter sentences, as well as non-prison sentences, if abuse factored significantly in the crime.
Victoria Law Feb 24, 2020
Cancer Patient’s Prison Sentence Is A Glaring Outlier in a Pennsylvania County
A review of charging dockets in Lebanon County shows Ashley Menser was the only person charged with felony retail theft in 2018 to receive a 7-year maximum sentence.
Joshua Vaughn Feb 10, 2020
Louisiana Prosecutors Try To Disqualify Black Judge Who Called Out Discrimination
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. Two Louisiana judges will begin hearing arguments tomorrow about whether a Black judge should be recused from more than 300 criminal cases after she criticized prosecutors for the disproportionate rate of […]
Sarah Lustbader Oct 29, 2019
Justice In America Episode 14: Judicial Elections
Josie and Clint talk judicial elections with Alicia Bannon, program manager at the Brennan Center for Justice.
Josie Duffy Rice, Clint Smith Feb 06, 2019
For The First Time, A Chicago Judge Could Lose His Seat For Being Too ‘Tough on Crime’
No Cook County judge has lost a retention election in 28 years.
Bryce Covert Nov 05, 2018
Harris County Judges May Face a Reckoning Over Bail On Election Day
Republican misdemeanor judges in Houston have clung to an unconstitutional bail system. But their intransigence could cost them their seats.
Maura Ewing Nov 04, 2018
One Year After Cook County’s Bail Reform, Court Watchers Say Things Are Getting Worse
Judges are still setting bail at unaffordable levels, and more people are being held without bond.
Bryce Covert Oct 05, 2018
New Orleans Court Ordered To Stop Funding Itself On The Backs Of The Poor
The criminal court was funneling millions of dollars a year from poor communities.
Bryce Covert Aug 13, 2018
The Court Watch Movement Wants To Expose The ‘House of Cards’
Prosecutors and judges across the country are starting to feel eyes on them.
Bryce Covert Jul 16, 2018
Santa Clara County Public Defender Explains What Judge Persky’s Recall Means For His Clients
The judge who sentenced Brock Turner brought much-needed compassion to the bench, says public defender Sajid Khan.
Paul DeBenedetto Jun 11, 2018
These Public Defenders Want to Fight Bias From the Bench
But their push to unseat judges is drawing backlash from a surprising source—fellow Democrats.
Max Rivlin-Nadler Jun 01, 2018
On Staten Island, a Lawsuit Claims Collaboration Between Judges and Prosecutors
A lawsuit filed in federal court in Manhattan alleges that one of the borough’s top judges only symbolically stepped aside from criminal cases when her husband, Michael McMahon, was elected the borough’s District Attorney in 2015. The plaintiff, a former chief clerk for Staten Island Supreme Court, claims that the judge worked behind the scenes […]
Max Rivlin-Nadler Dec 14, 2017
Deceptively Tragic: Qualified Immunity in Police Suits
It is all too commonplace to read of police-civilian encounters ending in what is reported as “tragedy.” In May of this year, 15-year-old Jordan Edwards was shot and killed when a Balch Springs, Texas police officer fired a rifle into the window of the car in which Edwards was a passenger, as the car tried […]
Jennifer Laurin Sep 21, 2017