Amicus

What If Crime Goes Up?

The ongoing criminal legal reform movement comes after decades of falling crime rates. That raises concerns about the movement’s viability: What would happen if crime went up? Reformers must prepare a response that protects their policy achievements and further advances the movement. A successful strategy will focus on the immense benefits of reform.

Amicus

A Community Response to Pretrial Detention

Community bail funds are an innovative challenge to a trenchant problem in the American criminal legal system: pretrial detention of people who have not yet been convicted of crimes.

Amicus, Weekly News Roundup

This Week in Civil Rights and Civil Liberties: February 24, 2020

This week, the Supreme Court ruled in favor of the Trump administration’s right to prevent immigrants from accessing public assistance, The Fifth Circuit struck down Mississippi’s fetal heartbeat abortion ban, and the Eleventh Circuit ruled that ex-felons in Florida cannot be barred from voting over unpaid court fees. Meanwhile, California issued an apology for its role in Japanese internment, and the ACLU decried a slew of bills targeting trans youth in state legislatures.

Amicus, Criminal Justice

Extending Attorney-Client Privilege to Prison Email

To ensure that those in prison have equitable and fair access to representation, both the legislature and courts should direct the Bureau of Prisons (BOP) to revise this system. Prisoners should be legally entitled to maintain confidentiality in their communications with attorneys.

Amicus, Weekly News Roundup

This Week in Civil Rights and Civil Liberties: February 17, 2020

This week, the White House released its legal justification for the Soleimani strike, pressured the DOJ to lower its own sentencing recommendation for Roger Stone, lost a court battle over a Medicaid work requirement, and deployed tactical Border Patrol agents to sanctuary jurisdictions across the country. A new lawsuit challenges roadblocks to insurance coverage for abortion, while criminal justice reform measures in California and New York are implemented and North Dakota tribes achieve a voting rights victory. And, a New York Times reporter asks, “is this the end of privacy as we know it?”

Amicus

Rethinking the Use of the Clemency Power

Clemency will certainly not solve mass incarceration, but right now it is a vastly under-utilized tool for chipping away at the injustices the criminal legal system creates and perpetuates. Presidents, and even state governors, who often also have clemency power, should begin exercising this power to curb the legal system’s excesses.

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