By Liz Ryan
An August 4, 2014 article in The New York Times details the horrific abuses of youth by staff at the adult jails where youth under 18 are held pending trial in adult criminal court—abuses confirmed in a lengthy federal investigation led by U.S. Attorney Preet Bharara.
By Marc Mauer and Nazgol Ghandnoosh
While some proponents of continued high rates of incarceration warn of the prospect of a “crime wave” if populations are reduced, we found no evidence for such an outcome in these states. During this time frame, a period in which crime rates were declining nationally, these three states generally achieved greater reductions in violent and property crimes than national averages.
Our findings suggest that it is possible to achieve substantial prison population reductions – much greater than the very modest 4% reduction that state prisons have achieved since their 2009 peak – without adverse effects on public safety.
By Matthew T. Mangino
Carrying out an execution today is as freakishly arbitrary as imposing the death penalty was in 1972. There are about 742 inmates on California’s death row, a state that has not carried out an execution in more than eight years.
By Marlon Peterson
Gakirah Barnes, 17, was gunned down in a hail of bullets on an April afternoon in Chicago’s South Side, bringing an end to a young life that had seen several lifetimes’ worth of devastating violence.
By Graham Kates
Hackers are often lumped into two groups: those who tamper with our security and privacy, and those who use their skills to spotlight holes in the Internet’s infrastructure. They’re routinely vilified and prosecuted, and also aggressively recruited by the government to help protect data from cybercriminals, foreign state intrusions and other nefarious forces. But at last weekend’s 10th biennial Hackers on Planet Earth (HOPE X) conference, one of the premiere get-togethers of the digital world, it was clear that the nefarious forces the cyberworld is now most concerned with are lodged within our own government.
By Joe Domanick
One of the most significant pieces of civil rights legislation passed in the closing decades of the 20th century is also one of the most overlooked. The 1994 Violent Crime Control and Law Enforcement Act, passed following the savage 1991 beating of African American motorist Rodney King by four LAPD officers and the catastrophic Los Angeles Riots a year later, gave the Civil Rights Division of the U.S. Department of Justice an extraordinary mandate.
One of the law’s provisions empowered the government to sue police agencies anywhere in the country if they exhibited a “pattern and practice” of using excessive force and/or violating people’s civil rights—and compel them, under what’s known as a “consent decree,” to change those practices. Since the law came into effect 20 years ago, two things have become apparent: how resistant many police departments remain to fundamental reform; and how critical, therefore, the consent decree has been—first, in forcing police departments to jettison their often brutal racist, and unaccountable warrior-cop cultures; and second, in transforming them into organizations committed to policing constitutionally and with legitimacy among the populations they serve.
The same Supreme Court that gave us an excellent decision in Riley v California has also done a lot to prevent novel Fourth Amendment claims from making it to appeals courts in the first place.
By Caleb Mason
Fourth Amendment cases give us great past-vs.-present riddles, little Zen koans testing our constitutional intuitions about technology. How is an email message like a paper-and-envelope letter? How is a computer hard drive like a file cabinet? How is a thermal-imaging scope like a pair of binoculars? How is a cell-phone tower like a human phone-company operator? And now: how is a cell phone like a pack of cigarettes?
By James M. Doyle
An active Conviction Integrity Unit can play an important role is evaluating whether an injustice has been done. But, then, everyone should come to the table to analyze known errors— not by exonerating one innocent person, or by searching for a single cause or by blaming a lone bad apple; but by appreciating and describing an event's complexity.
Not a week goes by without a headline in a newspaper somewhere in the U.S. citing horrific conditions in a "training school," a polite euphemism for youth prison. The stories feature cite kids at such “schools” being subjected to physical abuse, including the use of inhumane restraints, pepper spray, and sexual abuse while in care. Young people are described as being placed in isolation, often excessive isolation, which is tantamount to solitary confinement.