Expert Analysis

• User Feedback Is Key To Running Virtual Diversion Programs

  

  Judicially led diversion programs have adapted to the COVID-19 era by providing services online, but recent research points to a disconnect between practitioner and participant perspectives, showing that soliciting user input is crucial to success, says Tara Kunkel at Rulo Strategies. 

• Justices Must Reject Police Shield Against Civil Rights Claims

  

  The Institute for Justice’s Marie Miller lays out four reasons why, in deciding Thompson v. Clark, the U.S. Supreme Court should reverse an arcane circuit court rule that abandons the foundational presumption of innocence principle and ultimately provides a shield for police and other government officers who violate constitutional rights.

• NY Courts Should Protect Housing Rights Of All Tenants

  

  New York courts should adopt a construction of the Housing Stability and Tenant Protection Act that expands on the rights of tenants without a traditional landlord-tenant relationship, in order to not only promote justice, but also adhere to the law as written, say law student Giannina Crosby, and professors Sateesh Nori and Julia McNally, at NYU Law.

• Legally Recognizing Coercive Control Can Help Abuse Victims

  

  The ongoing expansion of state laws to establish coercive control as a form of domestic violence will encourage victims to seek help, and require law enforcement and the judiciary to learn about the complexities surrounding emotional abuse, say attorneys Allison Mahoney and Lindsay Lieberman.

• High Court Gun Case Has Implications For Police Violence

  

  A U.S. Supreme Court decision to weaken gun regulations in the pending New York State Rifle & Pistol Association v. Corlett could mix with the court's existing precedents regarding police use of force to form a particularly lethal cocktail for police violence against Black people, says Christopher Wright Durocher at the American Constitution Society.

• Justices' Life Sentence Ruling Is A Step Back For Youth Rights

  

  The U.S. Supreme Court's recent refusal to limit juvenile life-without-parole sentences in Jones v. Mississippi is a break from a line of cases that cut back on harsh punishments for children and reflects a court that is comfortable with casual treatment of minors' constitutional rights, says Brandon Garrett at Duke University School of Law.

• States Must Factor Race In COVID-19 Vaccine Prioritization

  

  In order to ensure equity and efficiency in controlling the pandemic, states should use race as a factor in vaccine prioritization — and U.S. Supreme Court precedent on affirmative action and racial integration offers some guidance on how such policies might hold up in court, say law professors Maya Manian and Seema Mohapatra.

• Chauvin May Walk, But Calls For Police Reform Must Continue

  

  As the trial of former Minneapolis police officer Derek Chauvin for the death of George Floyd nears closing arguments, the prosecution still faces an uphill battle, but what sets this case apart is its potential to change the discourse on racial justice and policing, says Christopher Brown at The Brown Firm.

• A Criminal Justice Reform Premise That Is Statistically Flawed

  

  Underlying calls for defunding the police and numerous other proposals for criminal justice reform is the belief that generally reducing adverse outcomes will tend to reduce racial disparities, but statistical analysis shows the opposite is true, says attorney James Scanlan.

• Improving Protections For Immigrant Domestic Abuse Victims

  

  With the slow crawl of federal immigration reform, people vulnerable to immigration status threats from domestic abusers continue to feel the effects of hostile Trump administration policies, but 2019 amendments to the D.C. blackmail statute reveal the ways state laws can provide more effective relief, say Ashley Carter and Richard Kelley at the DC Volunteer Lawyers Project.

• Garland Alone Cannot Transform Our Criminal Legal System

  

  Attorney general nominee Merrick Garland is an encouraging choice for criminal justice reform advocates, but the work of transforming our racially fraught institutions falls largely on prosecutors and defenders, say former prosecutor Derick Dailey, now at Davis & Gilbert, and public defender Brandon Ruben.

• Tougher Petition Drive Laws Would Constrict Key Citizen Right

  

  Several states' proposed revisions to petition drive rules would make ballot initiatives harder to pass and rein in citizens' right to enact important policy changes, says Melanie Wilson Rughani at Crowe & Dunlevy.

• DOJ Charging Memo Rescission Aids Prosecutorial Discretion

  

  The U.S. Department of Justice's recent rescission of a 2017 memo that required prosecutors to charge federal defendants with the offenses that would carry the most severe penalties should be welcomed by prosecutors associations as supporting prosecutorial discretion, even when the new policy may lead to leniency, says Marc Levin at the Council on Criminal Justice.

• A Critical Step Toward Eliminating Profit Motive From Prisons

  

  President Joe Biden's recent executive order to phase out the federal government's use of private prisons is a welcome start to what needs to be a broad reform of the prison system — where profit-based incentives to incarcerate run deep, says Jeffrey Bornstein at Rosen Bien.

• Judges On Race

  

  On the heels of nationwide calls to address systemic racism and inequality, five sitting state and federal judges shed light on the disparities that exist in the justice system and how to guard against bias in this series of Law360 guest articles.