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CRIMINAL JUSTICE

CRIMINAL JUSTICE-CRIMINAL LAW-PROCDEDURE-SENTENCING-COURTS

The Politics of Abolition: Reframing the Death Penalty's History in Comparative Perspective

By Carolyn Strange, Daniel Pascoe, and Andrew Novak

Literature on opposition to the death penalty typically characterizes abolition as inexorable and attributes its fulfillment to the age of human rights. Although most countries abolished capital punishment after the Universal Declaration of Human Rights in 1948, this article uses three comparative case studies to demonstrate abolition’s entanglement with a broader range of political, legal, and cultural factors. Applying a historically grounded non-teleological approach, we offer three insights. First, civilizationist values drove abolitionism in countries in the “vanguard,” such as Canada and England/Wales, where human rights rationales were expressed well after abolition and as a mark of superiority. Second, death penalty abolition has often allied with decolonization and penal reform, but assertions of independence and sovereignty have periodically provoked reinstatement, as in Mexican and Philippine history, which underscores the fragility of abolition. Third, state-centric approaches to de jure and de facto abolition overlook the practice of extrajudicial and summary “rebel” executions in polities such as Myanmar and Mali, which lack a state monopoly on force. Further historical studies that do not presuppose a human rights explanation of abolition and that compare jurisdictions within as well as between the Global North and South will better grasp the death penalty’s complex history.

Punishment & SocietyOnlineFirst, 2024, 20p.

Mounting Pressures on the Rule of Law: Governability for Development and Democracy in Latin America

Edited by Jacqueline Behrend and Laurence Whitehead

This important book offers an original perspective on the rule of law, development, and democracy in Latin America, establishing a new approach in recognizing the realities of political economy as opposed to merely structural and institutional factors. With contributions from an international team of experts, the book outlines the main challenges that have arisen in the pursuit of a developmental agenda in the region, including subnational variations, state capture by local elites, variations in state capacity, border divergence from centrally designed perspectives, environmental conflicts, uneven access to justice and the role of international organizations. In doing so, the book explores the democratic and developmental implications of conflicts over the rule of law and its application, uneven enforcement, and state capture. Whether a reference tool for the seasoned scholar, a guide aiding practitioner's individual expertise or an introduction to students interested in the complex intersections between the rule of law, development and democracy, this book is a must-have for any library.

London; New York: Routledge, 2025. 318p.

Sentencing Mentally Disordered Offenders: Comparing provisions in Türkiye, England and Wales, and the Netherlands to the ECHR framework

By Candan Yilmaz

This publication offers a unique comparative analysis of the sentencing of mentally disordered offenders in Türkiye, England and Wales, and the Netherlands, exploring the alignment of these systems with the European Convention on Human Rights (ECHR). While the presence of mental disorders impacts criminal responsibility, the legal responses and practices differ significantly across jurisdictions. The complex sanctioning system in Türkiye faced substantial challenges due to the absence of secure forensic psychiatric facilities until 2018. Despite legal mandates, mentally disordered offenders were often either released or unlawfully detained in prisons, creating a prolonged gap between law and practice. The research highlights how the situation evolved and assesses the lingering issues, which were exacerbated by delays during the COVID-19 pandemic. In order to contextualize the criminal justice system of Türkiye, comparisons are drawn with the criminal justice systems of the Netherlands and England and Wales, two jurisdictions which have distinct and unique frameworks for mentally disordered offenders. The eminent TBS (terbeschikkingstelling) system of the Netherlands and the bifurcated sentencing approach in England and Wales provide valuable points of reference. This publication is of significance in the field of legal academic literature given the paucity of research on the Turkish criminal justice system, carried out in languages other than Turkish. It evaluates the degree to which these systems adhere to or deviate from ECHR standards, thereby providing insights that facilitate improved compliance with human rights requirements. By bridging comparative legal traditions and identifying best practices, this research holds significant societal and academic relevance.

Groningen: University of Groningen Press, 2025. 560p.

“No Penalties. No Arrests. No Jails”: Perspectives on Drug Decriminalization Among People Who Inject Drugs in Sydney

By

George Christopher Dertadian and Vicki Sentas

The decriminalization of drug possession in varied forms is gaining some traction around the world. Yet prospects for people with lived and living experience of drug use to influence the direction of drug law and policy reform remains bound by stigma and exclusion. This study considers the aspirations for decriminalization of people who inject drugs through 20 semi-structured qualitative interviews with the clients of the Sydney injecting centre. What does decriminalization mean for those most criminalised by drug law and policy? The study found that participants’ views of what is possible for decriminalization are mediated by the same structures and experiences of criminalization, incarceration and exclusion that has disrupted their lives. Participants anticipate the need to mobilise incremental and partial changes associated with de facto models, including fines, increased police discretion (and therefore power) and treatment

orders. At the same time, participants collective imaginary also exceeds the limits of a police-controlled depenalization. We document people’s claims on a future drug policy that speaks to a world without criminal drug offences, punitive controls and the exclusion of people who use drugs from the policy table

International Journal of Drug Policy Volume 135, January 2025, 104657

First Taskforce Report: PPPs and Fighting Financial Crime in Ukraine

By Ian Mynot and Oksana Ihnatenko\

On 15 November 2024, RUSI’s Centre for Finance and Security and the Center for Financial Integrity (CFI)1 launched a Taskforce on Public–Private Partnership in Fighting Financial Crime in Ukraine. An in-person meeting in Warsaw, held on a non-attributable basis, convened 40 representatives, including those from the public and private sectors in Ukraine, and international experts. The discussion included two sessions focused on the current state of public–private partnerships (PPPs) in Ukraine and on international experience and recommendations. This report summarises the main findings of each of these sessions. None of the discussions at the meeting are attributable.

London: The Royal United Services Institute for Defence and Security Studies RUSI, 2025. 15p.

The Acquittal of Hakamada Iwao and Criminal Justice Reform in Japan By David T. Johnson

In September 2024, after 56 years under a sentence of death, Hakamada Iwao was acquitted in a retrial in Japan. This article summarizes what went wrong in his wrongful conviction case and what should be learned from it. The Shizuoka District Court’s retrial decision concluded that police and prosecutors conspired to frame Hakamada with evidence they had fabricated, but there is more to the case than that. This tragedy occurred because of mistakes and misconduct that were exacerbated by underlying weaknesses in Japan’s criminal process. To prevent a recurrence, many things need to change in Japanese criminal justice. The conclusion identifies five priorities for reform.

The Asia Pacific Journal | Japan Focus Volume 22 | Issue 11 | Number 3 | Article ID 5872 | Nov. 30, 2024

Restorative Justice Conferencing for Domestic and Family Violence and Sexual Violence: Evaluation of Phase Three of the ACT Restorative Justice Scheme

By Siobhan Lawler, Hayley Boxall, Christopher Dowling

Research evaluating restorative justice programs for domestic and family violence and sexual violence is limited in Australia and internationally. In 2019 the AIC was commissioned to evaluate the Australian Capital Territory’s Restorative Justice Scheme for domestic and family violence and sexual violence (‘Phase Three’). The evaluation examined the process and outcomes of Phase Three, including barriers to delivery, activities delivered and outcomes associated with participation. A range of data was examined, including interviews with participants (n=16) and stakeholders (n=47), analysis of post-conference surveys (n=28) and analysis of administrative and reoffending data. The evaluation demonstrated Phase Three is working effectively overall. Participants and stakeholders report high levels of satisfaction with Phase Three and the service they received. There was evidence that victim-survivors could meet a range of justice needs with varying levels of offender participation and accountability. Some areas for improving referrals were identified.

Research Report no. 33.

Canberra: Australian Institute of Criminology. 2025. 185p.

Compensating Exonerees in the United States

By Brandon L. Garrett and Luke Mears

After 44 years in prison for a conviction of rape in the small town of Concord, North Carolina, Ronnie Long was released from prison in 2021. Four months later, the Governor granted him a full pardon on the grounds of innocence. That pardon made it possible to obtain compensation from a state commission, which awarded Long $750,000. This amount was the maximum available under state law that permitted compensation of $50,000 per year of incarceration, but with an upper limit of $750,000. After his exoneration, Long also filed a civil rights lawsuit in federal court. This federal case against the city settled for $22 million in 2024. Long also received $3 million from the North Carolina State Crime Lab as a result of its “role in hiding evidence from Mr. Long and his legal team that proved his innocence.” This substantial settlement made Long Compensating Exonerees in the United States highly unusual among exonerees in the United States. Most exonerees, if they are compensated, received something more along the lines of the $50,000 per year available under the state law that initially compensated Long, and nothing more. Many exonerees receive no compensation at all. Academics have long criticized the traditional lack of compensation for wrongful conviction in the United States. In 1932, Edwin Borchard wrote that the United States needed national legislation regarding compensation for wrongful convictions. For many decades, no such legislation existed, however. Civil rights litigation, like the case brought by Long, was uncommon, and compensation under statutory schemes was similarly rare. This changed once exonerations became much more common, including those based on post-conviction DNA evidence, in the 1990s. In general, many of the exonerees that have received substantial compensation, like Ronnie Long, have brought civil rights lawsuits in federal, not state court. For example, of the first 250 DNA exonerees, 60% received some type of compensation, and of those, half of them obtained it in federal court. However, exonerees are increasingly seeeking compensation under state compensation statutes. In this fact sheet, we describe how compensation for exonerees has evolved in the past several decades, including through successful litigation efforts and through the enactment of compensation legislation, in thirty-nine states, Washington D.C., and by the federal government. We summarize each of these state and federal statutes in the table at the end of this document. To date, 39 states have enacted such compensation statutes, in addition to Washington D.C. and the federal government. In addition, five of the remaining 11 states currently have pending legislation on the issue. The figure below shows which jurisdictions have these statutes currently, and which have legislation pending.

Durham, NC: Wilson Center for Science and Justice at Duke Law, 2024. 20p.

Four Decades of Law Enforcement in New York State: Changing Arrest, Prosecution, and Sentencing Trends, 1980-2023

By Sarah Monaghan, Kellyann Bock, Michael Rempel, & Olive Lu

Spanning more than four decades, how has the footprint of New York’s criminal legal system changed? This comprehensive report explores the changing landscape of law enforcement in New York State from 1980 to 2023. It analyzes trends in arrests, prosecutorial declinations, criminal convictions, and sentencing practices, with a focus on regional and racial disparities.

Key Takeaways

● Statewide Arrest Trends

● After varying patterns by charge and region from 1980 to 2010, arrest rates declined significantly from 2010 to 2020, with a modest resurgence from 2020 to 2023.

● Misdemeanor arrests in NYC increased nearly fourfold from 1980 to 2010, dropped by 75% from 2010 to 2020 but rose by 40% from 2020 to 2023.

● Felony arrests decreased across all regions from 1980 to 2020, with a modest uptick in recent years.

● Charge-Specific Arrest Patterns

● Drug arrests in NYC peaked at over 128,000 in 2000, before falling to under 18,000 in 2023.

● Prostitution and fare evasion arrests in NYC saw drastic declines. Prostitution declined 99% from 1985 to 2023, and fare evasion declined 99% from 1994 to 2021, before a 2021-to-2023 uptick.

● DUI remained a leading charge outside NYC, comprising 18%-19% of suburban and upstate misdemeanors in 2023.

● Prosecutorial Declinations

● After changing only modestly until 2017, district attorneys’ offices in the Bronx, Manhattan, and Brooklyn declined to prosecute increasing numbers of low level misdemeanor arrests from 2017 to 2023.

● Select low level arrests for transit fare evasion, prostitution, trespass, and marijuana possession saw especially significant increases in declinations in the Bronx, Manhattan, and/or Brooklyn.

● Sentencing Trends: Jail and prison sentences for misdemeanors and nonviolent felonies peaked around 2000 before decreasing significantly by 2023. Violent felony convictions increasingly resulted in prison sentences across all regions.

● Racial and Ethnic Disparities: While shrinking in some areas since 1980 (e.g., felony arrest disparities narrowed), the study found that sizable Black-white and Hispanic-white disparities on most metrics examined.

New York: Data Collaborative for Justice at John Jay College, 2024. 45p.

IN THEIR OWN WORDS: First-hand Accounts of the Impact on the Families, Friends, and Communities of Those Imprisoned Under Joint Enterprise

By Chris Tully

JENGbA facilitated a series of Listening Days with the families and friends of those impacted by Joint Enterprise (JE). Between October 2023 and May 2024 four such days took place in London, Birmingham, Manchester and Sheffield. The days were attended by 41 family members and friends. Each listening day focussed on five themes; knowledge of JE and when they were first aware their loved ones were to be charged under joint enterprise, the impact on them and their communities following conviction, racism and the gang narrative, role of the media, developing support networks and the fightback against the injustice of joint enterprise. Families reported having little or no previous knowledge of JE and in a considerable number of cases only found out immediately prior to, or during the trial and in some cases not until the judges’ summing up. Inevitably the impact was profound. We heard of the toll on peoples’ physical and mental health, the damage done to family relationships, the breakdown of relationships with neighbours and members of their local communities, often based on stigma, a suspicion that there is ‘no smoke without fire’ and a general lack of awareness amongst the general public of how JE is applied. A lack of independent, accessible information, support and guidance at the point of charging was seen as a fundamental problem for families confronting a trial. Families expressed anger towards the role of the police, often seen as complicit with the Crown Prosecution Service, in using JE as a blunt instrument to “round up” and prosecute young people particularly on the basis of race, class, family name and by dint of neighbourhood. Participants in the conversations also had poor experiences with lawyers citing; a lack of experience, little or no expertise in JE cases, little empathy, a reluctance to share. information and documents. The experiences of trials were predicated on similar concerns. We heard families describe juries who appeared unaware of what guilty verdicts in JE cases meant for defendants, judges who were dismissive of evidence, and concerns that juries rarely reflected the diversity of the cities and towns where trials were taking place. A key concern was disproportionate use of JE in relation to black and racialised communities, working class communities and children and young people. Often underpinning this was the use of a gang narrative to justify charging and prosecution. Families were angered by the speed with which the gang narrative was introduced into proceedings and why this was applied when association was actually founded on living in the same neighbourhood, shared interests such as music and sport, school friendships etc. As such JE was seen as both “lazy” and susceptible to stereotyping and demonisation. Many we heard from had experienced unacceptable treatment at the hands of the media. Commonly this is presented as malign or inaccurate reporting, geared towards racism, blame often attributed to parents and especially mothers. Some felt the media and police worked hand in hand to perpetuate moral panics. Retractions of inaccurate reporting were hard to come by and we also heard how images of families’ children were used repeatedly by local press, sometimes years later, to highlight youth crime or gang violence. The most positive conversations revolved around the value of family relationships as a buffer against the isolation of having a loved one sentenced under JE. Additionally a community of interest has been forged by the work of JENGbA, without which many felt they would have collapsed under the weight of trying to support loved ones and sustain other relationships. JENGbA have provided support, information, understanding and access to a group of people who share campaigning zeal and a desire to put an end to the misuse of a legal doctrine that punishes many more people than ‘just’ those it imprisons.

London: Joint Enterprise Not Guilty by Association,

2024. 28p.

Innocent Until Proven Guilty Unless You’re Poor. Righting a Systemic Wrong Under the Pretrial Fairness Act

By Natasha Brown

On September 18, 2022, 42-year-old Shannon Brandt hit and killed 18-year old Cayler Ellingson with his SUV following a heated altercation in McHenry, North Dakota. Brandt admitted to the crime and “was charged with vehicular homicide and leaving the scene of an accident that resulted in death.” Despite court documents revealing Brandt’s past DUI history, “unlawful possession of alcohol and fleeing a peace officer on foot”, two days later, on September 20, 2022, Brandt was released from custody after posting $50,000 bail. On September 12, 2022, 42-year-old Ivan Cheung was “charged with aggravated rape (four counts), aggravated rape of a child (four counts), and aggravated statutory rape (two counts)” in Boston Massachusetts. Sixteen days later, on September 28, 2022, Cheung walked out of Boston Municipal Court after posting a $200,000 bail. In contrast, in March of 2016, 31-year-old Jessica Preston was arrested for driving with a suspended license in Macomb County, Michigan. Despite being eight months pregnant, the judge gave her the choice of going to jail until she received a hearing date, or come up with $10,000 for bail. Preston did not have the financial resources to make bail and as a result was put in jail. Five days later, Preston went into labor. When the jail staff refused to call an ambulance, Preston had no choice but to give birth on a mat lying on the jailhouse floor. These three stories above reveal that despite the wide range of crimes that were committed, the determining factor to secure the pretrial release of a murderer, a rapist, and a traffic violator was money. While Shannon Brandt and Ivan Cheung were charged with violent crimes, they were both released because they had the means to pay their bail. In contrast, Jessica Preston who was arrested for a non-violent crime remained in pretrial detention because she could not afford to pay her way out. Ending a decades long system that bases someone’s freedom off of access to money requires collective collaboration between advocates across political lines who are ready to implement change. On January 22, 2021, Illinois Governor JB Pritzker signed into law the Safety, Accountability, Fairness and Equity Today Act, otherwise known as the SAFE-T Act (“Act”). Within the SAFE-T Act is the Pretrial Fairness Act (“PFA”) which eliminated cash bail in Illinois. While states like California and New Jersey have passed similar cash bail reform laws, Illinois is the first state in the country to abolish the cash bail system entirely. This bill affirms the notion that people accused of crimes are considered innocent until proven guilty and their release is not based on their access to monetary funds. Those in opposition claim the SAFE-T Act will be the beginning stages of The Purge, the infamous movie where all crime is legal for 12 hours. Critics against the Act have promoted misinformation leading many to believe that violent people will be released into the neighborhoods and cause chaos among communities. This comment explores how the implementation of the PFA does not impose a threat to the safety of Illinois residents, but rather how the PFA will pave the wave for a more just court system that other states should follow. Part II discusses the history of pretrial detention and cash bail in the United States. This will lead to how cash bail became a faulty and unreliable metric to determine whether someone could be a danger to their community and whether they pose a flight risk. Part III discusses the development leading to the PFA in Illinois. Part IV proposes that the PFA should grant judicial decision-making power to the Restorative Justice Community Courts and further explains how this expansion will lead to safer communities. While the Act will impact the entire state of Illinois, most of the analysis for this comment is focused towards Cook County.

57 UIC L. REV. 291 (2024), 37 p.

TEXAS CAN RECLAIM JUSTICE REFORM BY ADDRESSING JUVENILE JUSTICE ISSUES 

By Jesse Kelley

Texas has become a leader in criminal justice reform by replacing old, “tough on crime” policies with more appropriate “smart on crime” ones. And although this new approach has seen success in the adult system, progress has stalled in the juvenile justice system. Accordingly, if Texas is to reassert its position as a leader in reforms, the best and most effective way is to improve their juvenile justice system by raising the age of criminal majority, by providing a “second look” for those juveniles who were sentenced to life in prison, and by shifting the way the state views and prosecutes youth who have committed serious and violent crimes. 

R STREET SHORTS NO. 83 February 2020 

Washington, DC: R Street, 2020. 5p.

THE STATE OF GEORGIA’S DEATH PENALTY

By Marc Hyden and Arthur Rizer

In 2016, Georgia’s nine executions led the nation—surpassing even Texas. While this could be mistaken as a thriving Peach State death penalty, the truth is far different. Rather, capital punishment is quickly dwindling in Georgia. In fact, juries have delivered only one death sentence in over five years, and national polls show that death penalty support is near historic lows for several reasons, including the capital punishment’s inherent risk to innocent life, high costs and failure to adequately protect society. Given the death penalty’s shortcomings, the Georgia legislature ought to debate its repeal.

R STREET SHORTS NO. 78 November 2019

Washington, DC: R Street, 2019. 3p.

THE USE OF LAY MAGISTRATES IN THE UNITED STATES

By Lars Trautman and SteVon Felton

Every year, police in America conduct over 10 million arrests. Once in the criminal justice system, these individuals face a dizzying series of bail hearings, pretrial conferences, plea deals, trials and in all likelihood, a sentencing. At each of these decision points, nothing less than a person’s freedom hangs in the balance. As such, it may seem a reasonable assumption that the person evaluating the merits of the case and applying the law will be an experienced jurist with a trained legal mind. And yet, in some places that person may not have even gone to college, let alone passed the bar exam or practiced law. Instead, many Americans find their fates in the hands of a motley assortment of officials serving as front-line judicial officers or in courts of limited jurisdiction. Whatever the moniker attached, these magistrates have the right to deprive an individual of her freedom through a collection of powers such as the ability to set bails, issue warrants and sometimes even preside over certain criminal trials themselves. While their decisions are subject to review by more traditionally educated and legally trained judges, in our messy, overburdened criminal justice system, this is often too little, too late. Appellate review, for example, is of limited value to a person already placed in pretrial detention, and is of even less value to a person who has chosen a guilty plea to avoid an even longer period of incarceration. Moreover, unlike the lawyers who practice before them, these magistrates do not face any universal requirements or tests like the bar exam. Indeed, while the increasing complexity of our laws and a greater appreciation for the awesome power that judges wield led to higher professional standards over the last century for most other judicial offices and the legal profession as a whole, the same is not true for these magistrates. Despite holding many of the same judicial powers and facing the same set of byzantine procedural rules and complex case law as other judges, they are often able to take the bench with only minimal legal training or education. Accordingly, what follows is an examination of these magistrates. It will begin by describing the four primary categories of lay officials that hold judicial powers of detention, the scope of their powers and their qualifications. Next, it will explain how their authority over the front end of the criminal justice process and misdemeanors can give them outsized, if sometimes underappreciated, power. It will then discuss why the use of nonlawyers in these roles and other minimal qualifications currently in use are particularly concerning. And finally, it will consider what minimum standards jurisdictions should adopt in order to ensure that their magistrates are able to effectively and equitably serve as the gatekeepers of the criminal justice system.

R STREET POLICY STUDY NO. 173 May 2019

Washington, DC: R Street, 2019. 13p.

Compensating Exonerees in the United States

By Brandon L. Garrett and Luke Mears

After 44 years in prison for a conviction of rape in the small town of Concord, North Carolina, Ronnie Long was released from prison in 2021. Four months later, the Governor granted him a full pardon on the grounds of innocence. That pardon made it possible to obtain compensation from a state commission, which awarded Long $750,000. This amount was the maximum available under state law that permitted compensation of $50,000 per year of incarceration, but with an upper limit of $750,000. After his exoneration, Long also filed a civil rights lawsuit in federal court. This federal case against the city settled for $22 million in 2024. Long also received $3 million from the North Carolina State Crime Lab as a result of its “role in hiding evidence from Mr. Long and his legal team that proved his innocence.” This substantial settlement made Long Compensating Exonerees in the United States highly unusual among exonerees in the United States. Most exonerees, if they are compensated, received something more along the lines of the $50,000 per year available under the state law that initially compensated Long, and nothing more. Many exonerees receive no compensation at all. Academics have long criticized the traditional lack of compensation for wrongful conviction in the United States. In 1932, Edwin Borchard wrote that the United States needed national legislation regarding compensation for wrongful convictions. For many decades, no such legislation existed, however. Civil rights litigation, like the case brought by Long, was uncommon, and compensation under statutory schemes was similarly rare. This changed once exonerations became much more common, including those based on post-conviction DNA evidence, in the 1990s. In general, many of the exonerees that have received substantial compensation, like Ronnie Long, have brought civil rights lawsuits in federal, not state court. For example, of the first 250 DNA exonerees, 60% received some type of compensation, and of those, half of them obtained it in federal court. However, exonerees are increasingly seeeking compensation under state compensation statutes. In this fact sheet, we describe how compensation for exonerees has evolved in the past several decades, including through successful litigation efforts and through the enactment of compensation legislation, in thirty-nine states, Washington D.C., and by the federal government. We summarize each of these state and federal statutes in the table at the end of this document. To date, 39 states have enacted such compensation statutes, in addition to Washington D.C. and the federal government. In addition, five of the remaining 11 states currently have pending legislation on the issue. The figure below shows which jurisdictions have these statutes currently, and which have legislation pending.

Durham, NC: Wilson Center for Science and Justice at Duke Law, 2024. 20p.

Four Decades of Law Enforcement in New York State: Changing Arrest, Prosecution, and Sentencing Trends, 1980-2023

By Sarah Monaghan, Kellyann Bock, Michael Rempel, & Olive Lu

Spanning more than four decades, how has the footprint of New York’s criminal legal system changed? This comprehensive report explores the changing landscape of law enforcement in New York State from 1980 to 2023. It analyzes trends in arrests, prosecutorial declinations, criminal convictions, and sentencing practices, with a focus on regional and racial disparities.

Key Takeaways

Statewide Arrest Trends

After varying patterns by charge and region from 1980 to 2010, arrest rates declined significantly from 2010 to 2020, with a modest resurgence from 2020 to 2023.

Misdemeanor arrests in NYC increased nearly fourfold from 1980 to 2010, dropped by 75% from 2010 to 2020 but rose by 40% from 2020 to 2023.

Felony arrests decreased across all regions from 1980 to 2020, with a modest uptick in recent years.

Charge-Specific Arrest Patterns

Drug arrests in NYC peaked at over 128,000 in 2000, before falling to under 18,000 in 2023.

Prostitution and fare evasion arrests in NYC saw drastic declines. Prostitution declined 99% from 1985 to 2023, and fare evasion declined 99% from 1994 to 2021, before a 2021-to-2023 uptick.

DUI remained a leading charge outside NYC, comprising 18%-19% of suburban and upstate misdemeanors in 2023.

Prosecutorial Declinations

After changing only modestly until 2017, district attorneys’ offices in the Bronx, Manhattan, and Brooklyn declined to prosecute increasing numbers of low level misdemeanor arrests from 2017 to 2023.

Select low level arrests for transit fare evasion, prostitution, trespass, and marijuana possession saw especially significant increases in declinations in the Bronx, Manhattan, and/or Brooklyn.

Sentencing Trends: Jail and prison sentences for misdemeanors and nonviolent felonies peaked around 2000 before decreasing significantly by 2023. Violent felony convictions increasingly resulted in prison sentences across all regions.

Racial and Ethnic Disparities: While shrinking in some areas since 1980 (e.g., felony arrest disparities narrowed), the study found that sizable Black-white and Hispanic-white disparities on most metrics examined.

New York:

Data Collaborative for Justice at John Jay College,

2024. 45p.

In Their Own Words: First-hand Accounts of the Impact on the Families, Friends, and Communities of Those Imprisoned Under Joint Enterprise.

By Chris Tully

JENGbA facilitated a series of Listening Days with the families and friends of those impacted by Joint Enterprise (JE). Between October 2023 and May 2024 four such days took place in London, Birmingham, Manchester and Sheffield. The days were attended by 41 family members and friends. Each listening day focussed on five themes; knowledge of JE and when they were first aware their loved ones were to be charged under joint enterprise, the impact on them and their communities following conviction, racism and the gang narrative, role of the media, developing support networks and the fightback against the injustice of joint enterprise. Families reported having little or no previous knowledge of JE and in a considerable number of cases only found out immediately prior to, or during the trial and in some cases not until the judges’ summing up. Inevitably the impact was profound. We heard of the toll on peoples’ physical and mental health, the damage done to family relationships, the breakdown of relationships with neighbours and members of their local communities, often based on stigma, a suspicion that there is ‘no smoke without fire’ and a general lack of awareness amongst the general public of how JE is applied. A lack of independent, accessible information, support and guidance at the point of charging was seen as a fundamental problem for families confronting a trial. Families expressed anger towards the role of the police, often seen as complicit with the Crown Prosecution Service, in using JE as a blunt instrument to “round up” and prosecute young people particularly on the basis of race, class, family name and by dint of neighbourhood. Participants in the conversations also had poor experiences with lawyers citing; a lack of experience, little or no expertise in JE cases, little empathy, a reluctance to share. information and documents. The experiences of trials were predicated on similar concerns. We heard families describe juries who appeared unaware of what guilty verdicts in JE cases meant for defendants, judges who were dismissive of evidence, and concerns that juries rarely reflected the diversity of the cities and towns where trials were taking place. A key concern was disproportionate use of JE in relation to black and racialised communities, working class communities and children and young people. Often underpinning this was the use of a gang narrative to justify charging and prosecution. Families were angered by the speed with which the gang narrative was introduced into proceedings and why this was applied when association was actually founded on living in the same neighbourhood, shared interests such as music and sport, school friendships etc. As such JE was seen as both “lazy” and susceptible to stereotyping and demonisation. Many we heard from had experienced unacceptable treatment at the hands of the media. Commonly this is presented as malign or inaccurate reporting, geared towards racism, blame often attributed to parents and especially mothers. Some felt the media and police worked hand in hand to perpetuate moral panics. Retractions of inaccurate reporting were hard to come by and we also heard how images of families’ children were used repeatedly by local press, sometimes years later, to highlight youth crime or gang violence. The most positive conversations revolved around the value of family relationships as a buffer against the isolation of having a loved one sentenced under JE. Additionally a community of interest has been forged by the work of JENGbA, without which many felt they would have collapsed under the weight of trying to support loved ones and sustain other relationships. JENGbA have provided support, information, understanding and access to a group of people who share campaigning zeal and a desire to put an end to the misuse of a legal doctrine that punishes many more people than ‘just’ those it imprisons.

London: Joint Enterprise Not Guilty by Association,

2024. 28p.

Mexico at a Crossroads Once More: Emigration Levels Off as Transit Migration and Immigration Rise.

By Francisco Alba

In This Article

Large-scale Mexican migration to the United States began in the early 1940s

After flatlining for several years, emigration has started to bounce back

The shift into a country of transit is perhaps Mexico's recent defining migration feature

Immigration is largely a product of return migration from the United States and transit migrants who remain

There has been a change in the government’s posture regarding transit migration

Migration Information Source, May 23, 2024

Attorney-Client Relationships in a Criminal Court in Santa Clara County, California

By Anthony Duarte, Sophia Hunt, and Matthew Clair

This report describes—and offers recommendations for improving—the quality of attorney-client relationships in a criminal courthouse in Santa Clara County, California. We draw on in-depth interviews and ethnographic observations collected between July 2021 and June 2022 from the Hall of Justice, one of four state courthouses in Santa Clara County that deals with adult criminal cases. Interviews with a diverse sample of 37 defendants suggest that they hold mostly positive views of their relationships with defense attorneys, though such perceptions vary by type of counsel and income. Moreover, among those who hold positive perceptions of their current defense lawyers, some defendants expressed negative attitudes toward, and recounted negative experiences with, current and previous lawyers. Ethnographic observations of public court proceedings further reveal recurring negative attorney-client relationship attributes, including silencing and sidelining, miscommunication, brevity of interaction, and cooperation with the state (or, coercion). We conclude with several immediate and long-range suggestions for improving the quality of defense provision in the county.

Court Listening Project, Report no. 2. Court Listening Project ((c/o Matthew Clair, Stanford University) 2022. 25p.

Courts and the Abolition Movement

By Matthew Clair & Amanda Woog

This Essay theorizes and reimagines the place of courts in the contemporary struggle for the abolition of racialized punitive systems of legal control and exploitation. In the spring and summer of 2020, the killings of George Floyd, Breonna Taylor, and many other Black and Indigenous people sparked continuous protests against racist police violence and other forms of oppression. Meanwhile, abolitionist organizers and scholars have long critiqued the prison-industrial complex, or the constellation of corporations, media entities, governmental actors, and racist and capitalist ideologies that have driven mass incarceration. But between the police and the prison cell sits the criminal court. Criminal courts are the legal pathway from an arrest to a prison sentence—with myriad systems of control in between, including ones branded as “off-ramps”—and we cannot understand the present crisis without understanding how the criminal courts not only function to legitimate police and funnel people into carceral spaces but also contribute unique forms of violence, social control, and exploitation all their own, revealing the machinations of mass criminalization and injustice operating between the police encounter and the prison cell. Our central argument is that courts—with a focus here on the criminal trial courts and the workgroup of actors within them—function as an unjust social institution; we should therefore work toward abolishing criminal courts and replacing them with other institutions that do not inherently legitimate police, rely on jails and prisons, or themselves operate as tools of racial and economic oppression. Drawing on legal scholarship and empirical social scientific research, Part I describes injustices perpetrated by criminal courts, detailing their role in the present crisis of mass criminalization through legal doctrine, racialized social control and violence, and economic exploitation. In Part II, we describe the contemporary abolition movement, briefly laying out its genesis and three guiding principles we view as typically considered in relation to policing and prisons: (1) power shifting, (2) defunding and reinvesting, and (3) transformation. Part III explores how these principles could operate in relation to the courts, drawing on analysis of existing grassroots efforts as well as offering new possibilities. In the short term, non-reformist reforms could make criminal courts a venue to unmask, and therefore aid in dismantling, police and prisons. Such reforms could complement the broader abolition movement and reduce the churn of people through the system. Ultimately, the goal would be to abolish criminal courts as systems of coercion, violence, and exploitation, and to replace them with other social institutions, such as community-based restorative justice and peacemaking programs while at the same time investing in the robust provision of social, political, and economic resources in marginalized communities.

110 CALIFORNIA LAW REVIEW (Volume 110February 20222022) 45p.