By: Travis Henderson Plea bargaining lies ingrained in the American justice system. Yet, even with plea bargaining’s long history and pervasive use, it is continually criticized. Questions of whether plea bargaining should be banned or limited are ever-present. This post will illuminate some of the supports for and criticisms of plea bargaining, bringing recognition to … Continue reading The Good, The Bad, and The Ugly of Plea Bargaining
Discretion cannot be replaced. It must be improved.
By: Ben Smart America has a well documented problem of racial disparity in criminal justice. The criminal justice system has racist roots. The discretion of judges, prosecutors, and even jurors, is racist (whether intentional or not). This makes perfect sense. Humans are flawed beings, incapable of objectivity. I doubt most people in America today are … Continue reading Discretion cannot be replaced. It must be improved.
Reducing Law Enforcement Encounters with People with Mental Illness
By: Lisa Rode Ian Adams, the executive director of the Utah State Fraternal Order of Police, recently observed that “years of defunding community resources to treat mental illness has made society over-reliant on police.” Both the dearth of services and the over-reliance on law enforcement disproportionately burden people with mental illness. The evidence is disturbing. … Continue reading Reducing Law Enforcement Encounters with People with Mental Illness
Striking the Peremptory Challenge: A New Era for Arizona’s Indigent Criminal Defendants
By: Sarah Fisher In late 2021, the State of Arizona became the first in the nation to eliminate peremptory challenges. In an August order, the state supreme court released a modified version of the Arizona Rules of Criminal Procedure. Section 18.5(f) now stipulates that a “party challenging a juror for cause” must establish “by a … Continue reading Striking the Peremptory Challenge: A New Era for Arizona’s Indigent Criminal Defendants
Innocent Until Proven Guilty, or Guilty Until Proven Innocent? A Constitutional Analysis of Pre-Trial Detention and Supervision
By: Jaidyn Rumpca Most people are familiar with the phrase “innocent until proven guilty.” But fewer may have considered how this protection actually applies in the United States criminal legal system. For instance, a criminal defendant is presumed innocent at trial, and the government must prove their guilt beyond a reasonable doubt; otherwise, the accused … Continue reading Innocent Until Proven Guilty, or Guilty Until Proven Innocent? A Constitutional Analysis of Pre-Trial Detention and Supervision
Law Journal for Social Justice 