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Posts in rule of law
PROBATION AND CRIMINAL JUSTICE: Mini-Classic

By Graeme R. Newman and Claude AI.

Long before probation became the most widely used criminal sanction in America, leading criminologists, judges, lawyers, social workers, psychiatrists, and probation administrators gathered to answer a fundamental question:

Could offenders be rehabilitated in the community instead of being sent to prison?

Originally published in 1933 as a tribute to pioneering probation leader Herbert C. Parsons, Probation and Criminal Justicebrought together some of the most influential voices in early twentieth-century criminal justice. Their essays explored sentencing, rehabilitation, probation administration, judicial discretion, psychiatric treatment, casework methods, and comparative probation systems in the United States, England, France, Belgium, and Germany.

Nearly a century later, the book reads with surprising relevance. The contributors debated many of the same issues that continue to dominate criminal justice policy today: overcrowded prisons, evidence-based sentencing, risk assessment, officer training, community supervision, recidivism, and the tension between punishment and rehabilitation.

This Mini-Classic edition presents an expertly condensed and accessible version of the original volume, preserving the essential arguments, insights, and debates while making them available to modern readers.

Inside you will discover:

  • The origins and early development of probation in America and Europe

  • Sheldon Glueck's influential critique of punishment and rehabilitation

  • The legal and constitutional issues raised by probation

  • How probation officers were selected, trained, and supervised

  • Competing views of sentencing from judges and criminologists

  • Early psychiatric and social-work approaches to offender treatment

  • Comparative probation systems in England, France, Belgium, and Germany

  • A modern commentary examining what has and has not changed since 1933

Part historical document, part policy debate, and part blueprint for reform, Probation and Criminal Justice captures a pivotal moment when criminal justice thinkers were struggling to replace purely punitive responses to crime with more individualized and humane approaches.

For students, scholars, practitioners, and anyone interested in the history of corrections and criminal justice reform, this volume offers a fascinating window into ideas that continue to shape probation and community supervision today.

Crime and Justice Mini-Classics bring influential but often overlooked works in criminology, policing, punishment, and criminal justice history back into print in concise, accessible editions for contemporary readers.

Read-Me.Org Inc. New York-Philadelphia-Australia. 2026. p.83.

POLICE ADMINISTRATION: Part III of the Cleveland Foundation Survey of Criminal Justice in Cleveland

Raymond B. Fosdick. Designed and Edited with an Introduction by Graeme R. Newman and Claude.

A landmark classic in the history of policing, public administration, and criminal justice reform.

When Raymond B. Fosdick published Police Administration in 1921 as part of the renowned Cleveland Foundation Survey of Criminal Justice, he delivered one of the most penetrating examinations ever undertaken of an American police department. More than a century later, his analysis remains remarkably relevant.

Confronted by rising crime and concerns about police effectiveness, Cleveland commissioned an independent investigation of its law enforcement system. Fosdick responded with a rigorous, evidence-based study that compared American policing with the more professionalized police systems of Europe. His conclusions were blunt: crime was not simply the product of social conditions, but also of outdated organization, weak leadership, inadequate training, political interference, and a failure to adapt policing to the demands of the modern city.

This groundbreaking work examines every major aspect of police administration, including:

  • Police organization and leadership

  • Recruitment, selection, and training of officers

  • Promotion and discipline systems

  • Patrol operations and crime prevention

  • Detective bureau management

  • Personnel administration and record keeping

  • Accountability, professionalism, and public service

Fosdick's recommendations anticipated many reforms that would shape twentieth-century policing: merit-based advancement, professional training academies, modern management practices, specialized investigative units, and the use of data and performance measurement in public administration.

This new edition includes a substantial introduction by criminologist Graeme R. Newman, placing Fosdick's work in historical context and exploring its continuing significance in contemporary debates over police reform, professionalism, accountability, and governance.

More than a historical document, Police Administration is an essential source for understanding the origins of modern policing and the enduring challenges of managing police organizations in democratic societies.

Ideal for readers interested in:

  • Police history

  • Criminal justice

  • Criminology

  • Public administration

  • American legal history

  • Progressive Era reform

  • Law enforcement studies

  • Government and public policy

A century after its publication, Fosdick's classic reminds us that effective policing depends not only on laws and officers, but on leadership, organization, and the intelligent administration of justice.

Read-Me.Org Inc. New York-Philadelphia-Australia. 2026. p.104.

Criminal Justice in Cleveland-Mini-Classic

By Graeme R. Newman and Claude AI.

A landmark investigation into how America's criminal justice system actually worked, and why it often failed.

In 1921, a series of scandals and rising public concern about crime prompted the Cleveland Foundation to commission an unprecedented examination of the administration of justice in Cleveland, Ohio. Directed by two of the most influential legal minds of the twentieth century, Roscoe Pound and Felix Frankfurter, the resulting study became one of the most important reform documents in American criminal justice history.

Originally published in 1922, Criminal Justice in Cleveland was the first comprehensive effort to analyze an entire urban justice system as an interconnected whole. Drawing on detailed investigations of police, prosecutors, courts, corrections, probation, legal education, medical science, and the press, the survey revealed a system plagued by inefficiency, poor record-keeping, fragmented authority, political influence, and a startling lack of accountability.

This modernized edition, edited and introduced by Graeme R. Newman, makes this classic study accessible to today's readers while preserving its most important findings, statistics, and arguments. Readers will discover:

• How police departments operated in major American cities during the early twentieth century
• Why so many criminal cases disappeared before reaching trial
• The hidden influence of politics, public opinion, and newspapers on justice
• Early debates over probation, parole, rehabilitation, and sentencing reform
• The origins of evidence-based criminal justice research
• Reform proposals that continue to resonate more than a century later

Written during the Progressive Era but strikingly relevant today, Criminal Justice in Cleveland demonstrates that many of the challenges confronting modern police, prosecutors, courts, and correctional institutions are far older than most people realize. Its authors recognized that successful reform requires more than replacing individuals; it requires understanding how institutions work, how they fail, and how they can be improved.

Essential reading for students of criminology, criminal justice professionals, legal scholars, historians, policymakers, and anyone interested in the evolution of the American justice system.

More than a century after its publication, this pioneering study remains one of the most insightful examinations ever written of crime, law, and urban justice in America

Read-Me.Org Inc. New York-Philadelphia-Australia. 2026. p.90.

Criminal Justice in Cleveland

Criminal Justice in Cleveland was one of the most influential studies of the American criminal justice system produced during the Progressive Era. Published by The Cleveland Foundation, the volume brought together leading legal scholars, reformers, and public officials, including Raymond Fosdick, Roscoe Pound, Felix Frankfurter, and others, to examine the administration of justice in Cleveland, Ohio. The work was directed and edited by Roscoe Pound and Felix Frankfurter.

Rather than focusing solely on crime, the study investigated the entire machinery of justice, including police, prosecutors, courts, probation services, corrections, and related public institutions. The authors sought to determine how effectively these agencies worked together, where delays and inefficiencies occurred, and what reforms were needed to create a more fair, efficient, and accountable system of justice.

The survey became a landmark in empirical legal research because it relied on systematic investigation rather than anecdote or political opinion. Its findings helped shape twentieth-century reforms in policing, court administration, criminal procedure, and corrections, making it essential reading for historians, criminologists, legal scholars, and students of public administration.

Today, Criminal Justice in Cleveland remains a classic study of urban criminal justice and a foundational text in the movement to evaluate government institutions through rigorous research and evidence-based reform.

Blackstone Commentaries on Criminal Law

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

Multilingual Communications Surveillance In Criminal Law: The Role of Intercept Interpreter-translators

Professor Nadja Capus, Dr Cornelia Griebel, and Dr Ivana Havelka

This is an open access title available under the terms of a CC-BY-4.0 License. It is free to read, download and share on Elgaronline.com. Multilingual Communications Surveillance In Criminal Law highlights the vital yet overlooked roles of Intercept Interpreters and Translators (IITs) in criminal justice operations. Nadja Capus, Cornelia Griebel and Ivana Havelka conduct an interdisciplinary investigation, exploring IITs navigation of complex legal, linguistic and translational challenges. They advocate for improved practices to ensure quality, fairness and integrity in investigations within criminal proceedings when communication is monitored in multiple languages.

Edward Elgar Publishing, Cheltenham, UK · Northampton, MA, USA, Swiss National Science Foundation, 2024, 218p.

Analysing the Impact of Legal and Procedural Frameworks on the Socio-Cultural and Political Dynamics of Extrajudicial Killings and Forced Disappearances

By Nicholas Dempsey , Reena Sarkar , & Richard Bassed

The remains of unlawfully killed individuals can provide evidence concerning human rights violations. The intricate challenges of extrajudicial killings and forced disappearances can complicate legal and procedural processes. These cases often present indicators of suspicious circumstances, necessitating specialised investigative approaches to ascertain the circumstance and cause of death as well as potential human rights violations. This review explores the legal and procedural dimensions of handling the remains of individuals who have been unlawfully killed, critically examining the implementation of legal instruments and their impact on the sociocultural and political landscape regarding cases of extrajudicial killings and forced disappearances. This study utilised a Python-based web scraper, with an HTML parsing library to aggregate articles on three themes of 1) International law, humanitarian law and laws protecting human remains 2), protection of human remains in cases of extrajudicial killings and forced disappearances and 3), Considerations of socio-cultural, psychosocial factors in the protection of human remains and institutional failures. The programming-based method for locating articles is innovative, and the search covered both English and Spanish languages. This review establishes the tension between psychosocial/cultural requirements and legal practice, and describes community mechanisms such as social services, mental health support for affected families, and citizen initiatives. By emphasising the gap between legal standards and practical execution, the study highlights the need to refine legal guidance and strengthen procedura

Forensic Science International, Volume 366, January 2025, 13p.

What Happens When Judges Follow the Recommendations of Pretrial Detention Risk Assessment Instruments More Often?

By: SHAMENA ANWAR, JOHN ENGBERG, ISAAC M. OPPER, LEAH DION

The use of artificial intelligence (AI) methods to aid with decisionmaking in the criminal justice system has widely expanded in recent years with the increased use of risk assessments. Nowhere has this shift been more dramatic than in the widespread adoption of AI-enabled risk assessment tools to aid in pretrial detention decisions.

Despite the promise of pretrial risk assessment tools, the ways in which these tools have been implemented has limited potential progress. The vast majority of jurisdictions that have implemented these tools have essentially provided these risk assessment recommendations to judges in an advisory manner and generally cannot require judges to follow the recommendations when making their pretrial release decisions. Studies indicate that judges frequently ignore the recommendations of the risk assessment instrument; as a result, the adoption of these risk assessment tools has not had much impact on reducing the use of monetary bail and pretrial detention.

In this report, the authors investigate the factors that are predictive of whether judges follow risk assessment recommendations and identify the impacts to pretrial detention, public safety, and racial disparities when judges follow the recommendations more often.

RAND Research - Published Sep. 5, 2024

Self-Determination in the International Legal System: Whose Claim, to What Right?

By Tom Sparks 

This open access book brings conceptual clarity to the study and practice of self-determination, showing that it is, without doubt, one of the most important concepts of the international legal order. It argues that the accepted categorisation of internal and external self-determination is not helpful, and suggests a new typology. This new framework has four categories: the polity-based, secessionary, colonial, and remedial forms. Each will be distinguished by the grounds, or the legitimacy-claim, on which it is based. This not only ensures consistency, it moves the question out of the purely conceptual realm and addresses the practical concerns of those invoking self-determination. By presenting international lawyers with a typology that is both theoretically consistent and more practically useful, the author makes a significant contribution to our understanding of this keystone of international law.

London: Hart Publishing, 2023. 280p.

Personalizing the State: An Anthropology of Law, Politics, and Welfare in Austerity Britain

By Insa Lee Koch

Liberal democracy appears in crisis. From the rise of ‘law and order’ and ever tougher forms of means-testing under ‘austerity politics’ to the outcome of Britain’s referendum on leaving the EU, commentators have argued over why democracy has taken an illiberal turn. This book shifts the focus from the ‘why’ to the ‘how’ and the ‘what’: to how citizens experience government in the first place and what democracy means to them. Based on long-term ethnographic fieldwork, it takes these questions to Britain's socially abandoned council estates, once built by local authorities to house the working classes. From the perspective of these citizens, punitive shifts in welfare, housing, and policing are part of a much longer history of classed state control that has acted on their homes and neighborhoods. But this is only half of the story. Citizens also pursue their understandings of grassroots politics and care that at times align with, but at others diverge from official policies. The anthropology of state-citizen relations challenges narratives of exceptionalism that have portrayed the people as a threat to the democratic order. It also reveals the murky, sometimes contradictory desires for a personalized state that cannot easily be collapsed with popular support for authoritarian interventions. Above all, this book exposes the liberal state’s disavowal of its political and moral responsibilities at a time when mechanisms for voicing working-class citizens’ demands have been silenced.

Oxford, UK; New York: Oxford University Press, 2018. 289p.

Fallgirls: Gender and the Framing of Torture at Abu Ghraib

By Caldwell, Ryan Ashley

Fallgirls provides an analysis of the abuses that took place at Abu Ghraib in terms of social theory, gender, and power, based on first-hand participant observations of the courts-martial of Lynndie England and Sabrina Harman. This book examines the trials themselves, including interactions with soldiers and defense teams, documents pertaining to the courts-martial, US government reports, and photographs from Abu Ghraib, in order to challenge the view that the abuses were carried out at the hands of a few rogue soldiers. With a keen focus on gender and sexuality as prominent aspects of the abuses themselves, as well as the ways in which they were portrayed and tried, Fallgirls engages with modern feminist thought and contemporary social theory in order to analyze the manner in which the abuses were framed, whilst also exploring the various lived realities of Abu Ghraib by both prisoners and soldiers alike.

Burlington, VT: Ashgate,  2012. 

Code as Law Rebooted

By Lawrence E. Diver

Laurence Diver combines insight from legal theory, philosophy of technology, and programming practice to develop a new theoretical and practical approach to the design of legitimate software. The book critically engages with the rule(s) of code, arguing that, like laws, these should exhibit certain formal characteristics if they are to be acceptable in a democracy. The resulting jurisprudential affordances translate ideas of legitimacy from legal philosophy into the world of code design, to be realized through the ‘constitutional’ role played by programming languages, integrated development environments (IDEs), and agile development practice. The text interweaves theory and practice throughout, including many insights into real-world technologies, as well as case studies on blockchain applications and the Internet of Things (IoT). Whenever you use a smartphone, website, or IoT device, your behavior is determined to a great extent by a designer. Their software code defines from the outset what is possible, with very little scope to interpret the meaning of those ‘rules’ or to contest them. How can this kind of control be acceptable in a democracy? If we expect legislators to respect values of legitimacy when they create the legal rules that govern our lives, shouldn’t we expect the same from the designers whose code has a much more direct rule over us?

Edinburgh: Edinburgh University Press, 2021. 

Improving Law Enforcement Response to Sexual Assault and Domestic Violence by Identifying and Preventing Gender Bias

By The Police Executive Research Forum

In 2022, the Department of Justice released updated guidance on Improving Law Enforcement Response to Sexual Assault and Domestic Violence by Identifying and Preventing Gender Bias. This guidance is designed to help law enforcement agencies recognize, mitigate, and prevent gender bias and other biases from compromising the response to, and investigation of, sexual assault, domestic violence, and other forms of gender-based violence. The guidance provides a set of eight basic principles that – if integrated into LEAs’ policies, training, and practices – help ensure that gender bias, either intentionally or unintentionally, does not undermine efforts to keep survivors safe and hold offenders accountable.

Washington, DC: PERF, 2022. 36p.

Police Operations and Projections Study : Kyle, Texas

By The Matrix Consulting Group

The scope of this study included the assessment of current law enforcement operations, response capabilities, staffing, and other resources necessary for the delivery of services to the city. A review of services and the delivery of those services should be performed periodically to ensure needs are being met. This project focused on the emergency services system delivery that included: • Proactivity • Resource allocations • Current and projected staffing • Alternative service delivery • Management of resources • Responsiveness to the public • Facility implications of projections This report represents the culmination of this process, presenting the results of our analysis, including specific recommendations for the department on staffing, deployment, and other relevant issues.

Kyle Texas, 2024 166p. 

rule of lawRead-Me.Org
Decriminalization or police mission creep? Critical appraisal of law enforcement involvement in British Columbia, Canada's decriminalization framework

By  Liam Michaud , Jenn McDermid b , Aaron Bailey.,  Tyson Singh Kelsall 

The unregulated drug toxicity crisis in British Columbia (BC), Canada, has claimed over 14,000 lives since 2016. The crisis is shaped by prohibitionist policies that have led to the contamination of the unregulated drug supply, resulting in a surge of fatal and non-fatal overdose events. The criminalization of drug users exacerbates this situation, pushing individuals into carceral systems for the possession of and/or social practices related to drug use. This commentary examines the involvement of policing in the development and throughout the first 15 months of its implementation, of BC's decriminalization framework. We highlight concerns regarding police discretion, the expansion of scope, and the interweaving of carceral logic into policies that purport to be public health-oriented.

International Journal of Drug Policy, Volume 129, July 2024, 104478


rule of lawRead-Me.Org
Funding Limits on Federal Prosecutions of State-Legal Medical Marijuana

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.

Conducting Anti-Racist Research on Pretrial Release Assessments

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.

Privatization of Services in the Criminal Justice System

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.

Overturning Convictions -- and an Era. Convictions Integrity Unit Report, January 2018-June 2021

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.

Ethnic Inequalities in Sentencing: Evidence from the Crown Court in England and Wales

By Kitty Lymperopoulou

 In recent years, there has been considerable policy and academic interest in the existence of ethnic inequalities in the Criminal Justice System. A large body of sentencing research has been dedicated to exploring whether ethnic minority defendants are treated more harshly than similarly situated white defendants. This paper extends this research utilizing Ministry of Justice linked criminal justice datasets and multilevel models to assess the effect of ethnicity and other defendant case and contextual factors on sentencing outcomes in the Crown Court. The analysis shows that legal characteristics such as plea, pre-trial detention, offence type and severity are important factors determining sentencing outcomes although they do not fully explain disparities in these outcomes between ethnic groups. Ethnic disparities in imprisonment persist and, in some cases, become more pronounced after controlling for defendant case and court factors. In contrast, ethnic disparities in sentence length are largely explained by legal factors, and after adjusting for other predictors of sentencing outcomes, observed differences between most (but not all) ethnic minority groups and the white British disappear

 British Journal of Criminology. 2024, 22pg