By Brandon E. Beck

Beginning in the early 1990s, the Executive Branch began an era of enforcement of federal firearms crime that was different in kind and degree from the prior seventy-five years. The federal crime policies of the 1990s and 2000s led to a significant increase both in the total number of federal firearms prosecutions and in how often mandatoryminimum statutes were charged. But later, in the 2010s and 2020s, there were times when the number of firearms prosecutions stabilized, and the number of mandatory-minimum sentences decreased. This Article seeks to use federal firearms prosecutions, in this era of enforcement, as a lens through which to create a conceptual framework for thinking about Executive Branch crime policy. Specifically, it identifies and explores five essential ingredients of any effective “war on crime.” Then, and perhaps more importantly, it identifies and explores three countervailing ingredients that have shown promise in slowing or even stopping aspects of a war on crime. Its goal is to create definitional and conceptual touchstones through which to discuss¾and critique¾federal crime policy. Aspirationally, this Article will prove helpful not only to criminal and constitutional law academia but also to policymakers and reform advocates. It also carries a unique relevance as we enter the final stretch of a presidential campaign cycle, with two candidates who likely hold contrasting views on crime policy, reform efforts, and the mission of the Department of Justice.

By Rosa Gibson

In Alaska, pretrial detainees comprise much of the state’s prison population. Electronic monitoring—made possible by recent bail reforms—provides a pathway to pretrial release for those who cannot afford to pay bail. Using GPS data, the Pretrial Enforcement Division can monitor the location of a releasee’s ankle monitor for supervisory purposes. But when law enforcement seeks warrantless access to that data to investigate crimes other than the one for which a releasee is awaiting trial, that intrusion raises concerns under Alaska’s constitutional right to privacy. This Note argues that the Alaska judiciary, which is best positioned to guard the privacy of pretrial releasees in this area, should treat warrantless searches of this type as per se unreasonable, absent narrow exceptions. This Note posits that a reverse location search of pretrial electronic monitoring data for general investigative purposes constitutes a “search” under both the U.S. and Alaska Constitutions. Through the contextualization of Alaska’s use of electronic monitoring, analysis of the impact of Alaska’s constitutional right to privacy on the search inquiry, and analogy to the constitutionally suspect geofence search, this Note demonstrates that requiring a warrant for this data for investigative purposes is consistent with Alaska’s search-and-seizure jurisprudence. Acknowledging the inherent tradeoffs involved in pretrial release, this Note strives to establish a workable middle ground where law enforcement can access sophisticated tools in the interest of public safety without abandoning the privacy values the Alaskan people have enshrined in their constitution.

By Jennifer Smith and Jeremiah Bourgeois

The criminal justice system is centered around three major participants: a prosecutor, a defense attorney, and a defendant. Each plays a role in the ensuing adversarial process, and each has their own perceptual lenses and interests. The prosecutor, for instance, seeks a conviction and focuses more on evidence of guilt than on innocence. The defense attorney endeavors to bring about a verdict of not guilty or a favorable plea rather than seeking to promote public safety. As for the defendant, he often cannot perceive the factors that led to his criminality, and he has neither the insight nor the will necessary to change his life’s trajectory. After sentencing, the criminal justice system in Washington State provides very few mechanisms for any of these participants to undo the result, even after decades have passed.2A prosecutor, who “has the Jennifer Smith Jeremiah Bourgeoisresponsibility of a minister of justice and not simply that of an advocate,”  may later come to question the fairness of the sentence. However, until 2020, prosecutors lacked the power to reduce the term of confinement. A defense attorney may belatedly find mitigating evidence, but procedural rules foreclose the opportunity to have the defendant resentenced.As for a defendant who underwent an incredible transformation after a substantial period of confinement, the only hope for an early release is the unlikely possibility of a sentence commutation. The absence of an effective means to undo injustice has long been the status quo of punishment in the State of Washington.

By: The JABBS Foundation for Women and Girls – Eliza Ogden Barnsley, Dr Tom McNeil and Lizzie Humphreys

Abstract

The Independent Sentencing Review represents a once in a generation opportunity to make the criminal justice system fairer and more effective. This article suggests how several recommendations for women might be implemented, drawing on pioneering research and evidence of ‘what works’. This includes, first, the important role of gender-responsive tools, in particular the Women’s Risk Needs Assessment (WRNA), recently validated in the UK for the first time by the University of Birmingham. Adopting tools that meet these standards is essential for ensuring pre-sentence reports identify a much wider range of needs and are gender- and trauma-responsive. Through this, practitioners are better able to tailor appropriate support for women to improve wellbeing against numerous metrics, while reducing re-offending (linked to Recommendation 6.3). Secondly, it discusses lessons from the Birmingham women’s Intensive Supervision Court (ISC), with emerging evidence showing great promise through its use of the WRNA and strong partnerships with women’s centres and numerous agencies, to inform the Government’s ISC expansion (Recommendation 6.1). Thirdly, we emphasise the importance of early intervention through women’s centres (linked to Recommendation 6.2) and other integrated and multi- disciplinary support, preventing the need for sentencing altogether. Combined, this article highlights evidence and opportunities for ‘how’ we capitalise on the Independent Sentencing Review’s momentum.

Introduction

The Corston Report (2007) was pivotal in advocating for the radical change that is needed for women in the criminal justice system. At its core, it highlighted the vital need for a holistic, wrap-around approach that aligned with women’s unique needs and pathways into crime. Whilst this sentiment was largely well received and a number a great steps towards progress were made, there were several missed opportunities, both in terms of policy, and ensuring effective long-term stability (Gelsthorpe and Russell, 2018). In the wake of the Independent Sentencing Review (2025), which we believe is ambitious given the current social and political climate, it is critical such opportunities are not again missed. Whilst the review makes a number of recommendations that we believe have the potential to genuinely improve the lives of many women in the criminal justice system (CJS), careful implementation is required, learning from the existing and growing evidence of ‘what works’. This article first highlights some of the most pertinent recommendations for women in the review, outlines the key contemporary evidence before suggesting some opportunities for effective implementation.

By Renato Rivera Rhon | Gabriel Funari

The Southern Cone tri-border area —comprising Ciudad del Este (Paraguay), Foz do Iguaçu (Brazil) and Puerto Iguazú (Argentina)— constitutes one of the most distinctive cross-border spaces in South America. Its particular geographical configuration combines densely populated urban areas with strategic riverine zones that facilitate intense cross-border circulation. More than 650,000 inhabitants coexist in an integrated social space marked by intense movement of people and one of the most heavily used commercial routes on the continent.

Within this environment of high mobility and commercial dynamism, smuggling has consolidated itself as the principal structuring axis of illicit economies. Since the creation of the free trade zone in Ciudad del Este in 1995, the region became a re-export centre for products destined mainly for the Brazilian market. Cigarettes, electronic products and alcoholic beverages enter Brazil as contraband, mobilized by local family clans and transnational illicit networks.

The report identifies a criminal ecosystem of coexistence characterized by interdependence, profitability and the historical continuity of illicit markets, sustained by commercial free movement, corruption and institutional fragility. Unlike other border areas in South America, the tri-border area presents high levels of criminal activity but low levels of violence, without armed disputes over territorial control or manifestations of criminal governance based on extortion or systematic coercion.

The report analyses the evolution of organized crime in the region, from the era of the “comboios” to the specialization of riverine routes and the “ant smuggling” model. It also examines the presence of the Primeiro Comando da Capital (PCC), which has consolidated control over clandestine ports in specific sectors of the Paraná River, without exercising generalized authority over the regional population.

Beyond smuggling, the report addresses cannabis trafficking produced in Paraguay, cocaine trafficking, arms trafficking and money laundering. Ciudad del Este emerges as a strategic financial node where commercial companies, real estate businesses, gambling houses and crypto-asset operations proliferate, facilitating the movement of illicit capital. The study also finds that the Argentinian side of the tri-border area has emerged as an increasingly prevalent smuggling hub over the past five years, generating new contraband routes and new security threats in the region.

The study is based on fieldwork and direct observation conducted in Ciudad del Este, Foz do Iguaçu and Puerto Iguazú, including interviews with members and former members of security forces, customs officials, judicial officials, academics and journalists specialized in the criminal dynamics of the tri-border area.

The Southern Cone tri-border area thus reveals a highly collaborative and adaptable criminal ecosystem, where smuggling functions as a base economy connecting flows, actors and routes used for drug trafficking, arms trafficking and other illegal goods. Its persistence is explained by its relatively non-violent character, informal regulation sustained by family clans and limited state capacities in the face of complex transnational dynamics.

Geneva: Global Initiative Against Transnational Organized Crime.. 2026. 31p.

By Nuria Sánchez , Guadalupe Blanco-Velasco , Linda M. Geven , Jaume Masip , Antonio L. Manzanero 

A comprehensive analysis of wrongful convictions in Spain was conducted. Out of 447 Supreme Court judgments made between 1996 and 2022, 243 cases involving a successful appeal made by a person claiming their innocence were examined in terms of the characteristics of wrongfully convicted individuals, the crime types, and the factors contributing to these judicial errors. An average rate of nine wrongful convictions per year was found, mostly for crimes against public safety and property, with a significant overrepresentation of foreign citizens. Legal professionals’ misconduct was identified as the main factor contributing to these wrongful convictions. The mean time between the judgment and the conviction being overturned was around 4.5 years. More than half of the cases were reopened due to evidence indicating that the alleged crime never occurred. While new evidence was the primary reason for reopening cases, only 3 % were reopened based on DNA evidence. The systematic methodology used in this research may serve as a model for future studies on wrongful convictions in other countries. To reduce wrongful convictions in Spain, several key measures must be implemented. Legal representation should be mandatory for all individuals accused of crimes, without exception. Legal professionals must receive enhanced training to minimize judicial errors. Furthermore, stricter forensic protocols should be established, and forensic experts must be properly accredited to prevent the misapplication of scientific evidence in legal proceedings. Additionally, reforms are needed to ensure that plea bargains are subject to more rigorous scrutiny, and that minor crimes are properly investigated.

Journal of Criminal Justice

Volume 103, March–April 2026,

By Aravind Boddupalli, LesLeigh D. Ford, Luisa Godinez-Puig

Criminal legal system fines and fees disproportionately impact Black households, entrenching poverty and creating significant barriers to economic mobility and wealth-building. These financial burdens, often imposed without regard to ability to pay, frequently lead to driver's license suspensions, increased debt, and incarceration, disrupting employment and housing stability. 

Urban Institute +3

Key Impacts on Black Communities:

• Disproportionate Burden: Black households face criminal legal fines and fees at the highest rates compared to other racial groups.

• Economic Mobility Barriers: These costs, often totaling hundreds or thousands of dollars, hinder the ability of Black families to build assets and improve their financial well-being.

• Cycle of Debt and Punishment: Inability to pay can lead to driver's license suspensions, preventing individuals from traveling to work, as well as additional fines, interest, and jail time.

• Family Well-being: As highlighted in this analysis by the Fines and Fees Justice Center, 57 percent of people with court debt reported food insecurity, while nearly 20 percent of those surveyed reported that they or a household member served time in jail due to an inability to pay.

• Housing and Employment: Debt-related penalties, such as suspended licenses or a criminal record for nonpayment, make securing stable housing and employment more difficult. 

  Urban Institute +4

Washington, DC:  Urban Institute, 2026. 7p.

By Kate Bryan, Rachel Schmidt, and Ashley Neufeld, with support from Nikki Miguel and Maura McNamara.

Michigan’s sentencing structure remains among the most restrictive in the nation. While many states have adopted policies that allow earned-time credits and provide opportunities for early release or resentencing, Michigan requires individuals to serve 100 percent of their minimum sentence before parole eligibility. While recent reforms, such as record clearing, medical parole, and limits to pretrial detention, have advanced progress to the state’s system, they do not target the key challenge of long lengths of stay. Today, more than 65 percent of the state’s prison population is serving a sentence of ten years or more, with limited opportunity for review or reduction. As the prison population rises for the first time in a decade, coupled with the state’s mounting budget pressures, a comprehensive examination of the state’s length of stay challenges is necessary. The goal of this brief is to serve as a baseline to begin that deeper examination. The Crime and Justice Institute, supported by Arnold Ventures, analyzed Michigan’s publicly available prison population data to understand the key trends regarding length of stay. Key findings include: Population growth: The prison population is growing after decades of decline, up 3% since 2021, with more individuals receiving additional sentences while already incarcerated. Sentences are getting longer: Average minimum terms rose 30% in the past decade, from 9.3 years (2014) to 12 years (2023). Drug offenses saw sharpest increases: Average minimum terms for drug offenses grew 33% over  the past decade. Sentencing practices exceeding statutory maximums: Data show minimum terms beyond statutory maximums for top offenses indicating the impacts of habitual offender enhancements, consecutive sentences, and additional sentencing stacking. With the urgency of a now rising population, the reinstated Sentencing Commission provides a renewed opportunity for the state to review sentencing practices. As Michigan prepares for leadership changes in 2026, the state has an opportunity to tackle its most pressing criminal justice challenge. To advance reform, Michigan must: Leverage the Sentencing Commission to produce data-driven recommendations and introduce corresponding legislation. Use corrections data to identify policies contributing to long stays, especially those related to enhancements, habitual offenders, and additional sentences imposed on already incarcerated individuals. Analyze the fiscal impact of long sentences considering recent budget volatility and an aging prison population. Reintroduce policies to reduce length of stay early in the 2026 session, backed by fiscal and public safety data.

Boston: Crime and Justice Institute, 2026. 17p.

Public Report on Chicago Police Training on the Use of Force

From the introduction; This Report from community representatives of Chicago’s Use of Force Community Working Group offers our feedback on the Chicago Police Department’s (CPD) training on de-escalation and the use of force. The Working Group was first convened in the summer of 2020 in response to the requirements of the federal civil rights Consent Decree designed to bring an end to the CPD’s pattern of police brutality and racial discrimination. Over the course of two years, the Working Group persuaded the CPD to make transformative changes to its policies governing police use of force. 1 Last fall, we issued a Public Report on CPD’s new policies, including areas still in need of change. 2 The new policies, if implemented and enforced on the ground, have the potential to dramatically reduce unnecessary CPD violence and improve public safety.

Second Report of the Community Representatives of Chicago’s Use of Force Working Group. 2023March 2023. 24p.

By : Lex Stevens, Winifred Agnew-Pauley, Matthew Bacon, Helen Glasspoole-Bird, Nadine Hendrie, Caitlin Elizabeth Hughes, Charlie Lloyd, Mark Monaghan, Rivka Smith, Charlie Sutton 

This article explores how discretion is managed and exercised across senior, middle, and street levels of policing. It uses qualitative data from two studies in England. The first, a study across three police force areas, involved interviews and focus groups with 221 people who were designers, deliverers, and recipients of police-led drug diversion. The second study used 354 hours of ethnographic observation and 21 interviews to examine stop-and-search practices in one other police force. Rather than a simply expanding scope of discretion at lower levels of the hierarchy, the findings reveal a multi-level process of cascading constraints and subsidiary discretion. At each level, we observe the exercise of occupational professionalism and autonomous judgement, but higher-level constraints shape how discretion is applied in pursuit of organizational professionalism.

By William Downs

Who handles complaints against the police?

A member of the public can make a complaint if they are dissatisfied with the police. 

There are three crucial actors in the police complaints system:

• Professional standards departments (PSDs) are specialist teams based within every police force in England and Wales. They are responsible for handling most complaints for their force.

• The Independent Office for Police Conduct (IOPC) is an independent body that oversees the police complaints system. It also conducts independent investigations into some of the most serious police complaints and conduct matters.

• Local policing bodies (either the police and crime commissioner or the deputy mayor for policing and crime, depending on the area) are responsible for monitoring their force’s complaint handling and conducting some complaint reviews.

Ashley Spalding, Pam Thomas, Patience Martin, Scott West and Kaylee Raymer | July 8, 2025

Thousands of provisions in Kentucky state law, and untold local ordinances, make up a vast, hidden web of criminal legal system fines and fees that trap many people in a cycle of long-term debt and incarceration. In a poor state like Kentucky, owing a few hundred dollars in fines and fees for a minor offense can all too easily ensnare a person indefinitely in the criminal system and result in lost income and employment, homelessness, poor health, and family instability, among other consequences. As of 2019, Kentuckians owed at least $91 million in fines and fees debt.

2025. 27p.