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Criminal Procedure

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Probation

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Lessons Learned From Ferguson: Ending Abusive Collection Of Criminal Justice Debt, Neil L. Sobol Jul 2018

Lessons Learned From Ferguson: Ending Abusive Collection Of Criminal Justice Debt, Neil L. Sobol

Neil L Sobol

On March 4, 2015, the Department of Justice released its scathing report of the Ferguson Police Department calling for “an entire reorientation of law enforcement in Ferguson” and demanding that Ferguson “replace revenue-driven policing with a system grounded in the principles of community policing and police legitimacy, in which people are equally protected and treated with compassion, regardless of race.” Unfortunately, abusive collection of criminal justice debt is not limited to Ferguson. This Article, prepared for a discussion group at the Southeastern Association of Law Schools conference in July 2015, identifies the key findings in the Department of Justice’s report …

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Written Testimony For Briefing On Targeted Fines And Fees Against Low-Income Minorities: Civil Rights And Constitutional Implications, Neil L. Sobol Mar 2017

Written Testimony For Briefing On Targeted Fines And Fees Against Low-Income Minorities: Civil Rights And Constitutional Implications, Neil L. Sobol

Neil L Sobol

My testimony today will focus on issues discussed in Fighting Fines & Fees: Borrowing from Consumer Law to Combat Criminal Justice Debt Abuses, forthcoming in the Colorado Law Review. In that article, I examine whether the framework used to address debt-collection abuses in the consumer context should apply to the abusive collection and assessment of criminal justice debt. I argue that the rationale that led to the enactment of the federal FDCPA and the creation of CFPB to combat consumer collection abuses parallels the reasons that a federal statute should be adopted to help the DOJ coordinate the attack against …

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Misdemeanor Decriminalization, Alexandra Natapoff Apr 2015

Misdemeanor Decriminalization, Alexandra Natapoff

Alexandra Natapoff

As the United States reconsiders its stance on mass incarceration, misdemeanor decriminalization has emerged as an increasingly popular reform. Seen as a potential cure for crowded jails and an overburdened defense bar, many states are eliminating jailtime for minor offenses such as marijuana possession and driving violations, replacing those crimes with so-called “nonjailable” or “fine-only” offenses. This form of reclassification is widely perceived as a way of saving millions of state dollars—nonjailable offenses do not trigger the right to counsel—while easing the punitive impact on defendants, and it has strong support from progressives and conservatives alike. 

But decriminalization has a …

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Supervision Styles In Probation And Parole: An Analysis Of Activities, Richard P. Seiter, Angela D. Crews Mar 2013

Supervision Styles In Probation And Parole: An Analysis Of Activities, Richard P. Seiter, Angela D. Crews

Angela Crews

Supervision of offenders in the community remains a critical component of the correctional processes in the United States. With almost six million offenders under correctional supervision in the community, there has been relatively little attention and few resources devoted to the style and quality of supervision received by these offenders. As a result of the lack of research regarding the style of probation and parole supervision, there is a need to identify and quantify styles of casework and surveillance supervision. This article describes a research project that identifies the key functions of parole and probation officers, reports self- and peer-rating …

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