By ALISSA SKOG AND JOHANNA LACOE 

Research series examining second look policies in California The five policy briefs and overview report in this series describe the characteristics and recidivism rates of individuals affected by second look policies in California. Committee on Revision of the Penal Code Before 2019, people who participated in certain felonies that resulted in a death could be convicted of murder, even if the person had neither committed the killing nor intended for it to occur. These convictions were based under the felony murder rule or the “natural and probable consequences” doctrine, which both allowed for broad liability. To address concerns about fairness and excessive punishment, Senate Bill 1437 (2018) narrowed or eliminated the application of these doctrines and allowed individuals convicted under them to petition for resentencing. In recognition that other serious convictions were similarly affected, Senate Bill 775 (2021) expanded eligibility to include those convicted of manslaughter or attempted murder under these legal theories. This brief examines who was resentenced under felony murder reform, the offenses for which they were originally convicted, and their recidivism rates following release. Key findings • Nearly 1,200 people were resentenced after these changes to the felony murder rule. As of December 2024, 1,172 people initially convicted under the felony murder rule have had those charges vacated, and were resentenced based on the remaining charges in their cases. Of those resentenced, 78% have since been released from prison. • Most people convicted of felony murder were young at the time of the offense, and for many, it was their first admission to prison. The median age at the time of the offense was just over 21, and for 75% of those resentenced, that conviction was their only prison sentence. • Women made up a larger share of those resentenced under felony murder reform (9%) than the share of all people released from prison in fiscal year 2018–19 (7%). • Recidivism rates for those resentenced under felony murder reform (9%) than the share of all people released from prison in fiscal year 2018–19 (7%). • Recidivism rates for those resentenced under felony murder reform were notably low. New conviction rates were consistently lower than the total releases (3% within one year, 7% within two years, and 10% within three years, compared to 21%, 33%, and 42%). Of those resentenced and released, most new convictions were misdemeanors. • Very few people were convicted of a new serious or violent felony after resentencing under felony murder reform. Fewer than five people were convicted within one- and two- years, and only 2% (n=5) were convicted within three years. However, we can only assess full three-year outcomes for 25% of people who have been released (n=274).

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.

By Steven Schuetz, et al.

  Context Service weapon activity, including instances where an officer’s firearm is drawn, pointed, or discharged, plays an important role in understanding events transpiring during a police–public encounter. Detection, documentation, and communication of these events in a way that is accurate, timely, and dependable is vital for enhancing transparency and accountability of law enforcement service weapon use. About this Report The National Institute of Justice (NIJ) requested the Criminal Justice Technology Testing and Evaluation Center (CJTTEC) to investigate the landscape of commercially available and emerging technologies that could meet this need. CJTTEC conducted a review of technologies capable of detecting when a service weapon has been unholstered, pointed, or discharged; documenting when a law enforcement officer discharges their service weapon (or initiating documentation such as body-worn camera (BWC) recordings in such incidents); and communicating the information to dispatchers. CJTTEC’s methodology to understand this technology landscape included secondary research (e.g., reviewing patents, trade literature, press releases, news articles, and publications) and primary research with technology experts, product representatives, and researchers. This brief provides a high-level summary of technology systems capable of documenting, detecting, and communicating service weapon activity, focusing specifically on technology integrated into or onto the weapon, in a holster, in a BWC, in a wearable device, or in environmental sensing tools. Conclusion Although no single commercially available tool is capable of detecting, documenting, and communicating service weapon activity, law enforcement agencies may be able to rely on a suite of products to help them address these needs.  Key Takeaways ¡ Agencies are facing increased pressure to document service weapon activity. From 2015 through 2020, on average, an estimated 1,769 people were injured annually—979 fatally and 790 nonfatally— from shootings by police in the United States.1 Because of the impact that officer-involved shootings (OISs) have on the community, law enforcement agencies are facing increased public pressure and policy mandates to document service weapon activity. ¡ There is a need for tools or technologies that can objectively detect, document, and communicate service weapon activity. OISs are stressful incidents that can occur quickly and under poor visual circumstances, which can impact accurate documentation of events. Further, obtaining reliable service weapon activity data can be challenging because of noncompliance with body-worn camera (BWC) policies, lack of BWCs, or inaccurate witness and officer accounts. ¡ There is no single commercially available product that meets service weapon activity needs. No single product can currently (1) detect service weapon activity, such as recording actual shots fired in an incident involving law enforcement weapons; (2) document the activity, such as initiating BWC recordings; and (3) communicate information about service weapon activity to police dispatchers. ¡ Agencies can rely on a suite of products to address these needs or choose specific products, each with strengths and limitations. Available technologies may be integrated into or onto the weapon, in a holster, in a BWC, in a wearable device, or in environmental sensing tools. Weapon-integrated tools offer the most functionality to detect and document multiple types of service weapon activity during a use-of-force incident, but many of these products, such as those developed by Armaments Research Company and Yardarm, are not commercially available. These products often lack the capability to communicate updates in real-time with dispatch. Holster-integrated tools can sense officer unholstering activity, activate BWC, and communicate with dispatch, but they cannot detect activity related to pointing or firing a weapon. BWCs, activated by multiple types of triggers, can document audio and video of the incident and communicate with dispatch, but they cannot specifically detect officer firearm activities (e.g., weapon unholstering, pointing, gunshot detection). Wearable devices can detect officer firearm activities, document metadata, and communicate with dispatch, but most products are still in a development phase for law enforcement applications. Environmental sensing tools may detect and document activities transpiring within a certain area, including shots fired in an incident, and communicate information to dispatch, but they cannot detect or attribute gunshot activities specifically to an officer's service weapon. ¡ Technology advancements and independent testing, evaluation, and implementation research are needed to accelerate adoption. Technology developers are currently working through several technical hurdles and are leveraging insights from BWC to improve technology uptake. Some commercially available products have been evaluated for performance, but more studies are needed as technologies are further developed and released into the market.  

Criminal Justice Testing (and Evaluation Consortium, 2024. 15p.

By Camello, M. L., Houston-Kolnik, J. D., & Planty, M

This technology brief explores the use of chatbots within the criminal justice system. The goal of this brief is to orient the reader to chatbots, present foundational insights from real-world examples of chatbot use, highlight considerations for implementation, and discuss the future of chatbots in the criminal justice system  

  Key Takeaways ¡ There are numerous benefits to implementing chatbots, including: Ÿ improved efficiency for users accessing information, Ÿ enhanced community engagement by creating a 24/7 communications channel, Ÿ expanded access to justice through multilingual chatbot capabilities, Ÿ reduced costs by automating FAQ support traditionally done through live chat, and Ÿ reduced staff workloads. ¡ Chatbots carry inherent risks that decision-makers need to consider before implementation, including: Ÿ misinterpretation of user input leading to incorrect responses, Ÿ biased training data, and Ÿ vulnerability to hacking. ¡ Advancements in AI have enhanced and will continue to enhance chatbot capabilities and applications; however, despite these advancements, deploying AI-driven chatbots is not a “plug-and-play” opportunity for criminal justice applications

Research Triangle Park, NC:RTI International, 2021. 15p.  

By Redden, J., Aagaard,B., Taniguchi, T  

 This technology brief is the second in a four-part series that examines artificial intelligence (AI) applications in the criminal justice system. This brief highlights AI applications currently in use by law enforcement agencies, introduces frameworks for evaluating AI applications, and summarizes critical risks to consider when deploying AI systems. Additional briefs provide a high-level overview of AI within the criminal justice system and AI topics related to the criminal courts system and corrections.   

  Key Takeaways ¡ AI and advanced robotics in policing are not yet widespread; however, many law enforcement agencies are experimenting with these technologies. Opportunities to utilize AI applications in law enforcement will continue to increase as technologies evolve, including AI, 5G, and autonomous vehicles. ¡ This brief provides use cases, products, and vendor technologies to illustrate how some agencies have incorporated AI; the hope is for this information to inspire an ongoing dialogue between law enforcement leaders about how to improve policing. ¡ AI solutions hold promise to increase efficiency, promote data-driven practices, and expand capabilities for law enforcement agencies. The challenge will be for law enforcement agencies to identify use cases in which data quality and availability, technology maturity, and ethical constraints match their needs and their communities’ needs. ¡ Law enforcement agencies, communities, and the legal system need to have ongoing conversations about the tradeoffs between personal privacy and public safety/ security as AI enables more sophisticated surveillance and investigation

Criminal Justice Testing (and Evaluation Consortium, 2020. 10p.

By Smith, J., Camello, M., & Planty, M

  Generative artificial intelligence (AI) refers to AI1 used to create content, such as text, images, music, audio, and videos.2 Generative AI offers many potential benefits, enabling users to automate, augment, and accelerate a wide range of workflows, from simple administrative tasks like transcription and translation to more-complex functions such as investigation and decision support. In the criminal justice system, generative AI offers promising solutions to address human resource and budget challenges, allowing practitioners to focus on more-impactful work. Generative AI–integrated tools may enhance data analysis, improve detection and objective assessment of evidence, and streamline administrative processes. However, its integration, particularly in the criminal justice domain, raises some concerns, including potential biases, privacy issues, and the need for rigorous oversight to ensure effective implementation. It is unclear whether these tools can deliver on their promised efficiencies in practice, as evidenced by early research evaluating time savings of implementing AI-assisted report writing software.3 These concerns highlight the necessity for addressing bias and accuracy, maintaining strict data privacy and security protocols, and promoting transparency and accountability in AI-driven decisions and processes. This report is intended to help criminal justice decision-makers do the following: ¡ Understand what generative AI is and how it relates to the criminal justice system ¡ Identify how generative AI may be applied to tasks and jobs within the criminal justice system and the potential benefits, realities, and limitations ¡ Consider the technical, operational, and governance factors that may influence adoption and implementation ¡ Understand what makes up the generative AI technology stack and how models can be trained Key Takeaways • Generative AI represents an acceleration and advancement in technological innovation that already impacts the criminal justice system and will continue to do so—it is no longer a question of if or when, but how and to what extent. • Generative AI–powered software tools may offer many potential benefits, such as improving efficiency and augmenting capabilities across an extremely broad set of applications for criminal justice system stakeholders. Although these products hold promise, little empirical evidence currently supports or refutes promised benefits from these products. • Generative AI models can be deployed in various forms, including cloud-based models that centralize data processing and federated models that enable decentralized training across multiple locations, preserving data privacy and enhancing security for sensitive criminal justice applications. • Decision-makers should be aware of the substantial technical, operational, and governance risks associated with generative AI– powered software tools prior to implementation. • Responsible use of generative AI requires addressing bias and accuracy concerns, maintaining strict data privacy and security protocols, adhering to ethics and legal standards, and promoting transparency and accountability in AI-driven decisions and processes. • Generative AI technology is evolving faster than the legal or policy environment for AI—the criminal justice community must be proactive and must implement robust internal training and policy frameworks rather than relying solely on external legal or regulatory guidance.  

Research Triangle Park, NC: RTI International, 2025 28p.

By Nketiah “Ink” Berko  

An inheritance is an important family legacy that can provide a safety net for future generations. For working families struggling to keep up with rising living costs, the transfer of a family home or other inheritance can provide newfound economic security. In particular, the anticipated wealth transfer from the Baby Boomer generation to their heirs — estimated to be over $50 trillion — has the potential to provide millions of families with improved financial stability.

The hard-earned wealth of working-class families, however, has become increasingly vulnerable. Affluent families are often better situated to protect and transfer their wealth using legal tools such as trusts or business entities. By contrast, working-class families’ wealth — the majority of which is held as home equity — is far more precarious and often vulnerable to seizure to cover health care costs and other expenses before it can be passed on and can face additional threats when transferred.

One example of the precarity of working-class intergenerational wealth arises in the criminal-legal context. More than half of states potentially authorize seizing the inheritances of incarcerated or formerly incarcerated people to pay for the costs of their own incarceration, known as “pay-to-stay” fees. Nearly every state charges incarcerated people these pay-to-stay fees, which may include charges for room and board, medical expenses, and other necessities.

A recent study by Professor Brittany Deitch found that, of the states that charge individuals for incarceration-related expenses, three expressly authorize seizure of inheritance assets and 25 may potentially permit it.

These seizures of inheritances for pay-to-stay fees may occur decades after a person served their sentence and can jeopardize financial stability in old age. Connecticut resident Teresa Beatty, for instance, received a bill for over $83,000, stemming from a two-year incarceration that ended 20 years prior, when her mother passed away and left her a portion of the family home.

Pay-to-stay laws and, in particular, the seizure of family inheritances to cover pay-to-stay fees, exacerbate an already wide chasm between the haves and have-nots, causing poor families to grow poorer as rich families continue to grow richer.

Seizing family inheritances to pay for incarceration causes particular harm to Black communities. Due to widespread inequities across the criminal justice system, as well as historic disinvestment in Black neighborhoods, Black families have less wealth available to pass to their heirs and are more likely to lose what little wealth they manage to build to the government to pay for the costs of operating prisons and jails. Moreover, seizure of resources to collect pay-to-stay fees can make it harder for returning citizens to achieve the financial stability necessary to reintegrate into society and avoid reincarceration.

Constitutional challenges to pay-to-stay fees have largely been unsuccessful, but reformers have made progress through several state legislatures. Illinois, New Hampshire, and Missouri have repealed their pay-to-stay statutes in recent years. Additionally, in 2022, Connecticut partially reformed its pay-to-stay laws, exempting incarcerated individuals from paying the first $50,000 of their incarceration costs and collecting only from individuals convicted of “serious crimes.”

State policymakers have an important role to play in reforming the laws that sentence formerly incarcerated people and their families to generations of debt. In addition to an analysis of the disparate harm that pay-to-stay laws and inheritance seizures have on low-income and Black communities. This paper provides recommendations to state lawmakers on how to end or alleviate the punishing impact of incarceration fees.

State policymakers have an important role to play in reforming the laws that sentence formerly incarcerated people and their families to generations of debt. In addition to an analysis of the disparate harm that pay-to-stay laws and inheritance seizures have on low-income and Black communities. This paper provides recommendations to state lawmakers on how to end or alleviate the punishing impact of incarceration fees.

National Consumer Law Center, 2025. 7p.

By Sheldon Glueck (Author), Graeme Newman (Introduction)

Sheldon Glueck’s Probation and Criminal Justice (1931), a collection of papers from world wide experts, stands as one of the earliest systematic examinations of probation within the American penal system. Published at a time when probation was still consolidating its place as a regularized judicial practice, the book sought both to describe the institution as it existed and to evaluate its possibilities as a rational and humane alternative to imprisonment. Glueck, already well known as a criminologist and later famed for his longitudinal studies on criminal careers, approached probation with the same empirical rigor and critical balance that defined his scholarship.
The work provides a historical account of probation’s origins, tracing its roots to the nineteenth-century innovations of John Augustus in Boston, and situates its emergence within the broader reform movements of the Progressive Era. By the early 1930s, probation had spread widely across American jurisdictions, yet it lacked the uniformity, resources, and professional standards necessary for consistent success. Glueck’s central argument was therefore twofold: probation held genuine promise as an instrument of rehabilitation and social reintegration, but its potential could only be realized through careful administration, adequately trained personnel, and an honest reckoning with its limitations.
To read Probation and Criminal Justice today is to encounter both a historical document and a surprisingly contemporary critique. The themes Glueck emphasized—the professionalization of probation officers, the dangers of excessive caseloads, the necessity of balancing rehabilitation with accountability—are still at the heart of debates over community supervision. The persistence of these concerns is a testament both to the enduring complexity of probation as a penal tool and to the prescience of Glueck’s analysis.
In this sense, the book is more than a relic of early twentieth-century criminology. It is a reminder that penal reform, however well intentioned, remains fragile unless supported by adequate resources, clear objectives, and sustained public commitment. Probation has advanced since Glueck’s time in terms of reach, sophistication, and legitimacy, yet the paradoxes he identified continue to shape its practice.
For scholars, practitioners, and students of criminal justice, this volume offers not only a window into the early years of probation but also a mirror reflecting ongoing challenges in community-based corrections. Glueck’s careful and critical study thus retains its relevance: a classic text that still speaks to the unfinished project of building a fair, effective, and humane system of criminal justice.

Read-Me.Org Inc. New York-Philadelphia-Australia. 2025. 211 p.

The Blackstone Commentaries on Criminal Law are part of Sir William Blackstone's influential 18th-century work, Commentaries on the Laws of England. This comprehensive treatise, published between 1765 and 1769, is divided into four volumes. The fourth volume, "Of Public Wrongs," focuses on criminal law. The other volumes are "Of the Rights of Persons," "Of the Rights of Things," and "Of Private Wrongs. "”

In "Of Public Wrongs," Blackstone provides a detailed examination of the criminal laws of England, aiming to demonstrate their justice and mercy. Despite the severe penalties of the time, later known as the "Bloody Code," Blackstone's work sought to rationalize and justify the legal system's approach to crime and punishment.

The Commentaries were groundbreaking for their readability and accessibility, making complex legal principles understandable to a broader audience. They played a significant role in the development of both British and American legal systems and continue to be referenced in legal education and court decision

By Joanna R. Lampe

Federal law generally prohibits the production, distribution, and possession of marijuana for both medical
and recreational purposes. In April 2024, news outlets reported that the Drug Enforcement Administration
(DEA) planned to change the status of marijuana under the Controlled Substances Act (CSA) by moving
it from Schedule I to the less restrictive Schedule III. Such a move would relax some controls over
marijuana but would not immediately legalize medical or recreational use of marijuana under the CSA.
Notwithstanding the strict federal control of marijuana, in recent years, many states have repealed state
law criminal prohibitions on some marijuana-related activities, and medical and recreational cannabis
businesses now operate openly in some parts of the United States.
In response to the disparity between state and federal law, Congress has enacted appropriations legislation
prohibiting the Department of Justice (DOJ) from expending appropriated funds to prevent states from
implementing their own medical marijuana laws. Federal courts have interpreted the appropriations rider
to prohibit DOJ from bringing criminal drug prosecutions against certain persons and entities involved in
the state-legal medical marijuana industry, but they have differed as to the scope of conduct the rider
shields from prosecution.
This Legal Sidebar first outlines the legal status of marijuana under federal and state law. It then discusses
the medical marijuana appropriations rider and analyzes how federal courts have interpreted the
provision. The Sidebar closes with key considerations for Congress related to the appropriations rider and
the disparity between federal and state marijuana policy more generally.
Federal and State Marijuana Regulation
The plant Cannabis sativa L. and products derived from that plant have a number of uses and may be
subject to several overlapping legal regimes. In recent years, a significant divide has developed between
federal and state marijuana laws. On the federal side, the CSA imposes stringent regulations on the
cannabis plant and many of its derivatives. Activities involving controlled substances not authorized
under the CSA are federal crimes that may give rise to large fines and significant prison sentences.
Unless an exception applies, the CSA classifies cannabis and its derivatives as marijuana. Congress
classified marijuana as a Schedule I controlled substance when it enacted the CSA, reflecting a legislative

Washington, DC: Congressional Research Service, 2024. 5p.

By Megan Comfort, Jenn Rineer, Elizabeth Tibaduiza, and Monica Sheppard

The “pretrial process” refers to the events that happen between the time that one is suspected by law enforcement of violating the law and the time that charges are dismissed, the case is otherwise resolved, or the trial process begins. During the pretrial period, people are considered innocent under the law. The U.S. Supreme Court1 has stated, “In our society, liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.” The only two constitutionally valid reasons for holding someone in jail during the pretrial period are (1) to prevent flight or (2) to prevent harm to people in the community. Judges make decisions every day about whether to detain or release people going through the pretrial process, as well as about what conditions of release may be needed to help people succeed. Pretrial release assessments are designed to inform their decisions. Unlike assessments that involve a clinician or other professional drawing on their subjective expertise to make a recommendation, actuarial pretrial release assessmentsa rely on mathematical processes. Using large data sets with information about people who previously went through the pretrial process, researchers identify factors related to appearing for court hearings and not being arrested again if released. The researchers then create a sequence of instructions for a computer to follow (called an algorithm) that uses these factors to calculate an estimated likelihood that a person will appear in court and remain arrest free while their case is being resolved. This calculation—referred to as a “score”—is provided to the judge as information to consider when making decisions about pretrial release. A person’s score is also often provided as information to other courtroom actors, such as prosecutors, defense attorneys, and pretrial services officers. When thinking about actuarial pretrial release assessments, it is important to understand the history of the criminal legal system in the United States, which is deeply rooted in the legacy of slavery. Read Race and the Criminal Justice System2 by the Equal Justice Initiative to learn more. No actuarial pretrial release assessment tool or instrument is considered standard. Numerous assessments have been developed, and they vary in terms of the factors and instructions entered in the algorithm. Some use factors that are available through criminal legal system records, such as whether someone has been arrested before or has previously missed a court date. Others include factors like whether someone has a job, is enrolled in a substance use treatment program, or has a place to live. This information is usually obtained by talking with the person who has been arrested. At the time of this writing, pretrial release assessments use algorithms that are created by humans as opposed to ones that are generated by machine learning or artificial intelligence (AI). It is possible that future assessments will rely on AI, which would raise a different set of issues to consider. The use of actuarial pretrial release assessments is growing across the United States. Often, they are an element of broader system change aimed at reducing or eliminating the use of cash bonds, which require people to post money to be released from jail. Judges may consider the actuarial pretrial release assessment score when deciding what conditions of release—for instance, electronic monitoring or mandatory check-ins with pretrial services—are appropriate for a person. In systems that retain money bond as a potential release condition, assessments are sometimes used to inform decisions about bond amounts, but the impact on release is lessened if people remain in jail because they cannot afford to pay their way out. Judges may also use the score as part of their decision about whether to keep someone in jail or release them while their case is pending

APPR Research Brief, April 2024. Research Triangle Park, NC: RTI International, 2024. 5p.

By American Bar Association Working Group on Building Public Trust in the American Justice System

Released in June 2020, this Report provides a comprehensive overview of the role private companies play throughout the criminal justice system and how the use of these private companies impacts low-income individuals moving through the system. The Report summarizes research done by other entities, academics, journalists, and activists on specific aspects of privatization. The organization of the report tracks the sequence of a typical accused individual's experiences in the criminal justice system following arrest, demonstrating how costs compound as the individual moves through the system.

The Report acknowledges that courts and other government entities sometimes need to import expertise they lack, but it urges governments to recognize how low-income individuals too often can be relentlessly ensnared in the criminal justice system, not because they engage in ongoing criminal activity, but because they cannot pay the debts imposed by the system itself. Too often, by hiring private companies to handle what were previously governmental functions in the criminal justice system, government agencies exacerbate the cycle of mandatory fees, nonpayment, and consequent additional fees. Far too frequently, government authorities allow private companies to operate in the criminal justice system with little or no oversight and to charge fees untethered to actual costs.

The Report urges the ABA to adopt specific policy on the privatization of services in the criminal justice system, as well as to promote the policies, already in existence, calling for careful limitations on fines and fees.

Chicago: ABA, 2020. 36p.

By The Philadelphia District Attorney's Office, Data Lab

The Conviction Integrity Unit (“CIU”) was established in 2018 by District Attorney Larry Krasner. The CIU’s predecessor, the Conviction Review Unit (“CRU”), which was established in 2014, had operated for a number of years with only a small staff and a narrow mandate. The CRU only reviewed claims of actual innocence, and rarely undertook investigations into whether new evidence existed that could prove those claims. Cases where the defendant had confessed were largely excluded from consideration, as if false confessions (which occur in a quarter of DNA exonerations nationally) were always reliable. Today, the CIU is an independent unit within the Philadelphia District Attorney’s Office, reporting directly to the District Attorney, and involved in one out of every ten homicide exonerations in the country. When District Attorney Krasner transformed the unit from the CRU to the CIU, he immediately tasked it with a broader mandate: not only to review past convictions for credible claims of actual innocence but also to review claims of wrongful conviction and secondarily to consider sentencing inequities. Early in his first term, District Attorney Krasner merged the CIU with the Office’s Special Investigations Unit (“SIU”). The two units share a common focus on investigating official misconduct, and their cases frequently overlap. However, as the CIU and SIU personnel have grown and expanded their caseloads, the units were separated in the summer of 2020 to better accommodate each unit’s mission

The CIU’s mission is to ensure that justice is served by prosecutors at the Philadelphia District Attorney’s Office and to remedy the Office’s wrongful convictions. Pennsylvania prosecutors have limited post-con viction discretion in general and they have no legal authority to set aside convictions in the interest of justice. Since CIU prosecutors cannot unilaterally dismiss an existing conviction or free anyone we believe to be wrongfully incarcerated, the CIU makes a recommendation to the court that the petitioner be granted a new trial whenever its independent investigation leads it to conclude that a conviction lacks integrity. If warranted, the CIU will move to withdraw the charges against the petitioner or reduce the charges so that an equitable sentence can be imposed. In cases that are ultimately withdrawn or dismissed, the CIU will investigate and prosecute the actual perpetrator where feasible. However, given the inherent difficulties involved in investigating decades-old crimes where the original investigation was either botched or inadequate, identifying the real perpetrator and bringing that person to justice may be impossible. To date, the Philadelphia Police Department has declined to re-open and re-investigate old cases following exonerations. For example, Walter Ogrod was exonerated of a 1988 murder in 2020. While investigating the case, the CIU identified two alternate suspects. As of almost a year after Ogrod’s exoneration, however, police had not even begun the process of re-opening the underlying murder case. Additionally, the CIU believes that conviction integrity is more than simply fixing past mistakes and exposing misconduct. It also requires policies and processes to prevent future injustices. With this aim, the CIU helps craft office-wide policies and trainings designed to reduce the number of future wrongful convictions.

This report encompasses exonerations, commutations, and sentencing adjustments from January 1, 2018 through June 15, 2021. This report includes data on cases submitted to the CIU, active investigations, cases declined or closed, and cases awaiting review that are accurate as of May 31, 2021. Experts who have opined on the issue of best practices for conviction integrity units agree that in order to increase public understanding of and trust in such units, offices should publish annual reports detailing the results of their conviction and case reviews and actions taken. This report is the first report issued by the CIU under District Attorney Krasner and is a first-term report, rather than an annual report. Although annual reports were contemplated, they were postponed as a result of multiple factors ,including lack of resources, internal technology deficits, case load, and the COVID-19 pandemic.

Philadelphia District Attorney's Office, Data Lab. 2021. 47p.

By Rebecca Tiger

The number of people incarcerated in the U.S. now exceeds 2.3 million, due in part to the increasing criminalization of drug use: over 25% of people incarcerated in jails and prisons are there for drug offenses. Judging Addicts examines this increased criminalization of drugs and the medicalization of addiction in the U.S. by focusing on drug courts, where defendants are sent to drug treatment instead of prison. Rebecca Tiger explores how advocates of these courts make their case for what they call “enlightened coercion,” detailing how they use medical theories of addiction to justify increased criminal justice oversight of defendants who, through this process, are defined as both “sick” and “bad.” Tiger shows how these courts fuse punitive and therapeutic approaches to drug use in the name of a “progressive” and “enlightened” approach to addiction. She critiques the medicalization of drug users, showing how the disease designation can complement, rather than contradict, punitive approaches, demonstrating that these courts are neither unprecedented nor unique, and that they contain great potential to expand punitive control over drug users. Tiger argues that the medicalization of addiction has done little to stem the punishment of drug users because of a key conceptual overlap in the medical and punitive approaches—that habitual drug use is a problem that needs to be fixed through sobriety. Judging Addicts presses policymakers to implement humane responses to persistent substance use that remove its control entirely from the criminal justice system and ultimately explores the nature of crime and punishment in the U.S. today.

New York; London: NYU Press,  2012

By Allison P. Harris

How does racial diversity impact institutional outcomes and (in)equality? Discussions about diversity usually focus on how individuals’ identities shape their behavior, but diversity is a group-level characteristic. Scholars must, therefore, consider the relationship between group composition and the individual decisions that shape institutional outcomes. Using felony data from a large U.S. court system, I explore the relationship between racial diversity among the judges comprising a court and individual judges’ decisions. I find that as the percent of Black judges in a courthouse increases white judges are less likely to render incarceration sentences in cases with Black defendants. Increases in racial diversity decrease the Black–white gap in the probability of incarceration by up to 7 percentage points. However, I find no relationship between judge’s racial identities and disparities in their decisions. This study highlights the importance of conceptualizing diversity as a group characteristic and the relationship between institutional context and outcomes.

American Political Science Review, 2023, 16 pages

By Thomas Frampton

Supreme Court opinions involving race and the jury invariably open with the Fourteenth Amendment, the Civil Rights Act of 1875, or landmark cases like Strauder v. West Virginia (1880). Legal scholars and historians unanimously report that free people of color did not serve as jurors, in either the North or South, until 1860. In fact, this Article shows, Black men served as jurors in antebellum America decades earlier than anyone has previously realized. While instances of early Black jury service were rare, campaigns insisting upon Black citizens’ admission to the jury-box were not. From the late 1830s onward, Black activists across the country organized to abolish the all-white jury. They faced, and occasionally overcame, staunch resistance. This Article uses jury lists, court records, convention minutes, diaries, bills of sale, tax rolls, and other overlooked primary sources to recover these forgotten efforts, led by activists who understood the jury-box to be both a marker and maker of citizenship. A broader historical perspective—one that centers Black activists in the decades before the ratification of the Fourteenth Amendment in 1868—offers a new way of thinking about the relationship between race, rights, citizenship, and the jury.

 New York University Law Review, 2024, 66 pages

By Mona Lynch and Emily V. Shaw

Building on research demonstrating significant differences in how Black and White Americans view law enforcement, this study assesses how views of police shape potential jurors’ decision-making. The authors conclude that it is critical that citizens are not prevented from being seated on juries due to skepticism about police, given the risk of disproportionate exclusion of Black potential jurors. The legal processes relevant to juror excusals need to be reconsidered to ensure that views of police, rooted in actual experience or knowledge about the problems with fair and just policing, are not used to disproportionately exclude persons of color, or to seat juries overrepresented by people who blindly trust police. A sample of 649 Black and White jury-eligible U.S. citizens were exposed a federal drug conspiracy case in which the primary evidence against the defendant is provided by an FBI agent and an informant cooperating with the agent, in which a Black defendant is being tried, and where the informant-witness race (Black or White) was varied. Participants determined verdict, evaluated evidence, and completed additional measures. Results indicated that Black participants were significantly less likely to convict than White participants, especially in the White informant condition; rated the law enforcement witness as less credible; and viewed police more negatively across three composite measures. Exploratory analysis of how juror race and gender interacted indicates Black women largely drove racial differences in verdicts. Perceptions of police legitimacy mediated the relationship between juror race and verdict choice

Race and Justice Volume: Online Dated: 2023 Pages: 1-25

By R. Michael Cassidy

Disciplining individual prosecutors will never be enough to overcome the multifarious incentives prosecutors have to cut corners to secure convictions. Although bar discipline against prosecutors is increasing in frequency, professional regulators tend to focus on individual actors rather than paying attention to systemic failures.

No single instance of prosecutorial misconduct—revealed perhaps by the reversal of a criminal case or the exoneration of an innocent defendant—can ever be fully explained by the deeds of a lone actor without looking at who establishes enforcement priorities, who sets office policies, and who does the training. Leaders in the office are usually involved, either by omission (failing to catch an error) or commission (creating an office culture where ethical lapses are tolerated or even encouraged).

The predominance of collective action and shared responsibility in business organizations often makes it difficult to pinpoint criminal liability. That challenge is addressed through the “responsible corporate officer” doctrine in criminal law, which holds executive-level individuals accountable for the wrongdoing to which they contributed, whether through commission or omission. Prosecutor’s offices are organizations with structures and incentives not dissimilar to that of a corporation. Because existing frameworks for addressing prosecutorial misconduct in the criminal justice system are ineffective, bar regulators should borrow from the responsible corporate officer doctrine by more aggressively enforcing Rule 5.1 of the Rules of Professional Conduct.

The notion that supervisory attorneys must be more actively involved in their colleagues’ ethical decisions and conduct has been recognized by the bar since the adoption of ABA Model Rule 5.1 in 1983, but the rule remains undertheorized by scholars and underutilized by disciplinary authorities. This article draws on important parallels between the responsible corporate officer doctrine and Rule 5.1 to explain why enforcement of professional discipline against leaders in a prosecutor’s office is necessary to incentivize more rigorous supervision and training. The author scrutinizes two recent cases in Colorado and Massachusetts where bar regulators have successfully utilized Rule 5.1 to discipline leaders in a prosecutor’s office for failing adequately to supervise the conduct of junior associates. The author then advocates for an even more expansive use of Rule 5.1 to force head prosecutors to adopt written, transparent, and publicly available policies and procedures. Finally, the author discusses three recurring and highly intractable problems of prosecutorial discretion that could benefit from comprehensive office policy manuals: grand jury practice, disclosure of exculpatory evidence; and use of cooperating witnesses.

Oregon Law Review, Vol. 102, 2024, Boston College Law School Legal Studies Research Paper No. 614, 37 p

By  Jana Hrdinova, Dexter Ridgway, Douglas A. Berman and Peter Leasure

Ohio Senate Bill 288 (134th G.A.) created Ohio Revised Code Section (2953.39) to allow prosecutors to initiate sealing or expungement actions on behalf of defendants previously convicted of low-level controlled substance offenses. After passage of this new law, the Drug Enforcement and Policy Center at The Ohio State University surveyed all elected or appointed prosecutors in Ohio to gauge their office's interest and willingness to initiate record sealing or expungement applications on behalf of people who have been previously convicted of a low-level controlled substance offense. Overall, about 12% of respondents stated that they were willing to pursue prosecutor-initiated sealing for low-level controlled substance offenses. For those who reported that they were unlikely to pursue prosecutor-initiated sealing, common explanations for not doing so included the lack of staffing resources, the lack of financial resources, the lack of data, the belief it is not the responsibility of prosecutors, and the sufficiency of the defendant-initiated system

Drug Enforcement and Policy Center. August 2023, 19pg