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- Bail; cash bail; money bail; pretrial; incarceration; risk assessments; PSA; electronic monitoring; pretrial defendants; bail reform; community bail funds; bail hearings; misdemeanor; California; Washington (1)
- D.C. (1)
- Sentencing; Alternative Criminal Sanctions; Monitoring Sanction; Abolition Probation and Parole (1)
- Trial consultant; venire; jury science; jury selection; voir dire; jury bias; juror bias; Bastson v. Kentucky; Pena-Rodrigues v. Colorado (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Introducing Disruptive Technology To Criminal Sanctions: Punishment By Computer Monitoring To Enhance Sentencing Fairness And Efficiency, Mirko Bagaric, Dan Hunter
Introducing Disruptive Technology To Criminal Sanctions: Punishment By Computer Monitoring To Enhance Sentencing Fairness And Efficiency, Mirko Bagaric, Dan Hunter
Brooklyn Law Review
The United States criminal justice system is the most punitive on earth. The total correctional population is nearly seven million, equating to a staggering one in thirty-eight adults. Most of the correctional population comprises offenders who are on parole or probation, and a high portion of these defendants who are on parole or probation reoffend during the sanction period. There has been a growing consensus among lawmakers and the wider community that reforms need to be implemented to reduce the cost of criminal sanctions and to improve their effectiveness. For example, the United States Sentencing Commission has recently proposed an …
Give Me Liberty Or Give Me . . . Alternatives?: Ending Cash Bail And Its Impact On Pretrial Incarceration, Muhammad B. Sardar
Give Me Liberty Or Give Me . . . Alternatives?: Ending Cash Bail And Its Impact On Pretrial Incarceration, Muhammad B. Sardar
Brooklyn Law Review
Every day in the United States, thousands of pretrial defendants are imprisoned due to their inability to afford bail. These individuals have not been convicted of an offense, yet are incarcerated for the crime of being poor. Pretrial incarceration wreaks havoc both on the individual detainee and society at large. Pretrial detainees are more likely to plead guilty, receive higher sentences, and face grave future economic prospects. The cash bail system in particular disproportionately affects racial minorities, furthering the already racially disparate outcomes inherent in the U.S. criminal justice system. From a societal perspective, the increased rate of incarceration due …
The (Im)Partial Jury: A Trial Consultant’S Role In The Venire Process, Stephanie M. Coughlan
The (Im)Partial Jury: A Trial Consultant’S Role In The Venire Process, Stephanie M. Coughlan
Brooklyn Law Review
Over the last four decades, trial consultants have become integral members of the venire process. Before the trial consulting field emerged, attorney-conducted voir dire focused too heavily on an attorney’s gut instincts and subconscious biases. This note highlights two concerns arising from attorney-conducted voir dire. First, in Batson v. Kentucky and its progeny, the Supreme Court addressed the unconstitutionality of a system that permits attorneys to strike jurors based on unfounded prejudices. Although Batson and its progeny prohibit lawyers from exercising discriminatory challenges against prospective jurors, this practice can easily go undetected. Second, as illustrated in Peña-Rodriguez v. Colorado, the …