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Articles 1 - 10 of 10
Full-Text Articles in Law
Fewer, Not Fairer, Victoria Smiegocki, Pamela R. Metzger, Andrew L.B. Davies
Fewer, Not Fairer, Victoria Smiegocki, Pamela R. Metzger, Andrew L.B. Davies
Deason Criminal Justice Reform Center
In 2019, police across Dallas County asked the District Attorney to prosecute fewer marijuana cases than the year before. This report examines whether the racial disparity in those cases improved at the same time. Fewer, Not Fairer shows that while the number of referrals declined, police were still more likely to refer a Black person for marijuana prosecution than a non-Black person. However, some cities achieved more fairness when their police departments almost entirely stopped requesting marijuana prosecutions altogether.
Ending Injustice: Solving The Initial Appearance Crisis, Pamela R. Metzger, Janet C. Hoeffel, Kristin Meeks, Sandra Sidi
Ending Injustice: Solving The Initial Appearance Crisis, Pamela R. Metzger, Janet C. Hoeffel, Kristin Meeks, Sandra Sidi
Deason Criminal Justice Reform Center
Most Americans expect that if they are arrested, they will quickly appear before a judge, learn about the charges, and have an attorney assigned to defend them. The reality is vastly different. After arrest, a person can wait in jail for days, weeks, or even months before seeing a judge or meeting an attorney. This report chronicles the resulting initial appearance crisis and highlights its devastating consequences. More importantly, it provides policymakers and advocates with actionable recommendations.
The Abcs Of Racial Disparity, Pamela R. Metzger, Kristin Meeks, Victoria Smiegocki, Kenitra Brown
The Abcs Of Racial Disparity, Pamela R. Metzger, Kristin Meeks, Victoria Smiegocki, Kenitra Brown
Deason Criminal Justice Reform Center
Data show that Black and White people use marijuana at roughly equal rates. Yet in 2018, in six of Dallas County's biggest cities, Black people were vastly overrepresented in the enforcement of low-level drug crimes. With a look at enforcement trends before the election of District Attorney John Creuzot, this study launches a series of reports about how his reforms have impacted Dallas County.
Budding Change, Pamela R. Metzger, Victoria Smiegocki, Kristin Meeks
Budding Change, Pamela R. Metzger, Victoria Smiegocki, Kristin Meeks
Deason Criminal Justice Reform Center
Budding Change explores what happened when Dallas County District Attorney John Creuzot (DA Creuzot) radically changed his office’s policies about the prosecution of first-time misdemeanor marijuana cases. The report concludes that DA Creuzot’s 2019 policies were associated with significant reductions in police enforcement of marijuana misdemeanor laws. As a result, marijuana screening caseloads within the District Attorney’s Office declined substantially. Budding Change shows that prosecutorial policies can have a profound impact on policing behaviors.
The Rural Texas Sheriff, Andrew L.B. Davies, Valeria Liu, Elisa Torossian
The Rural Texas Sheriff, Andrew L.B. Davies, Valeria Liu, Elisa Torossian
Deason Criminal Justice Reform Center
The Rural Texas Sheriff reports on a focus group conducted in conjunction with the Deason Center's 2019 Rural Criminal Justice Summit. The report places rural Texas sheriffs and their agencies in a national context. It also offers insight into the focus group's perceptions of rural law enforcement and jail management. With first-hand accounts of these sheriffs’ experiences, the report offers a compelling look at the personal and professional lives of Texas’ rural sheriffs.
Series Preview: Screening And Charging Practices Of Three Mid-Sized Jurisdictions, Deason Criminal Justice Reform Center
Series Preview: Screening And Charging Practices Of Three Mid-Sized Jurisdictions, Deason Criminal Justice Reform Center
Deason Criminal Justice Reform Center
Understanding how prosecutors make their screening and charging decisions is essential to criminal legal reform. This preview report is the first in a series of publications that explores the screening and charging practices of prosecutors in three mid-sized jurisdictions. Through an innovative mixed-methods empirical study, the series provides a holistic account of prosecutors’ charging practices.
Criminal Procedure: Confessions, Searches, And Seizures, Honorable Barbara Parker Hervey, Carson Guy, Alexander R. Comsudi
Criminal Procedure: Confessions, Searches, And Seizures, Honorable Barbara Parker Hervey, Carson Guy, Alexander R. Comsudi
SMU Annual Texas Survey
This article is a survey of the relevant developments in criminal procedure law from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.
Transparency In Plea Bargaining, Jenia I. Turner
Transparency In Plea Bargaining, Jenia I. Turner
Faculty Journal Articles and Book Chapters
lea bargaining is the dominant method by which our criminal justice system resolves cases. More than 95% of state and federal convictions today are the product of guilty pleas. Yet the practice continues to draw widespread criticism. Critics charge that it is too coercive and leads innocent defendants to plead guilty, that it obscures the true facts in criminal cases and produces overly lenient sentences, and that it enables disparate treatment of similarly situated defendants.
Another feature of plea bargaining — its lack of transparency — has received less attention, but is also concerning. In contrast to the trials it …
Remote Criminal Justice, Jenia I. Turner
Remote Criminal Justice, Jenia I. Turner
Faculty Journal Articles and Book Chapters
The coronavirus pandemic has forced courts to innovate to provide criminal justice while protecting public health. Many have turned to online platforms in order to conduct criminal proceedings without undue delay. The convenience of remote proceedings has led some to advocate for their expanded use after the pandemic is over. To assess the promise and peril of online criminal justice, I surveyed state and federal judges, prosecutors, and defense attorneys across Texas, where virtual proceedings have been employed for a range of criminal proceedings, starting in March 2020. The survey responses were supplemented with direct observations of remote plea hearings …
Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion, Anna Offit
Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion, Anna Offit
Faculty Journal Articles and Book Chapters
Discrimination during voir dire remains a critical impediment to empaneling juries that reflect the diversity of the United States. While various solutions have been proposed, scholars have largely overlooked ethics rules as an instrument for preventing discriminatory behavior during jury selection. Focusing on the ABA Model Rule 8.4(g), which regulates professional misconduct, this article argues that ethics rules can, under certain conditions, offer an effective deterrent to exclusionary practices among legal actors. Part I examines the specific history, evolution, and application of revised ABA Model Rule 8.4(g). Part II delves into the ways that ethics rules in general, despite their …