Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Misdemeanor Decriminalization, Alexandra Natapoff
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 …
Gideon's Servants And The Criminalization Of Poverty, Alexandra Natapoff
Gideon's Servants And The Criminalization Of Poverty, Alexandra Natapoff
Alexandra Natapoff
In ways that slip beneath the doctrinal radar, public defenders often behave like social workers. They find drug treatment and jobs for their clients, and intervene with landlords and employers. Conversely — and ironically — many civil welfare service providers act increasingly like law enforcement officials. Teachers call the police on their students, while welfare case workers often refer their clients for prosecution. This role-switching — by criminal lawyers and civil servants alike — is a function of the tight connection between criminalization and poverty: poor people tend to get swept up in the criminal system and such encounters tend …