Criminal Justice
Refunding the Community: What Defunding MPD Means and Why It Is Urgent and Realistic
March 18, 2021
We hope this scholarship will help Minnesotans better understand police brutality against Black Americans and people of color, and the need for urgent changes in the way Minneapolis is policed.
Continue ReadingAbove the Law: How Kim Potter’s Sentencing Serves as Another Example of Police Receiving Disproportionately Low Sentences
March 7, 2022
The recent sentencing of former Brooklyn Center Police Officer Kimberly Potter provides a reminder that police officers who kill people while on duty are granted leniency over and over again in the criminal justice system.
Continue ReadingInequality as the Vertical partiality of Public Administration: Empirical Evidence from the Judiciary
June 1, 2023
By Paolo D’Anselmi† 1. Introduction One of the tenets of democratic – and perhaps totalitarian – governance is the impartiality of public administration. Public managers in fact are supposed to take decisions without discriminating between one citizen and the next citizen nor between one politician and the next politician. This is the quality of public…
Continue ReadingDeadly Force: How George Floyd’s Killing Exposes Racial Inequities in Minnesota’s Felony-Murder Doctrine Among the Disenfranchised, the Powerful, and the Police
March 8, 2021
View/Download PDF Version Greg Egan[1] I. Equity in Peril: How Felony-Murder Charging Discretion and Widely Varying Punishments are Deployed Against White Defendants, Defendants of Color, and Peace Officers Minnesota’s second-degree felony-murder statute represents a unique and creative charging mechanism that affords wide discretion to prosecutors. This makes it ripe for inequitable application. It is the…
Continue ReadingBiden’s Private Prison Ban Must Include ICE Detention
March 16, 2022
By Katie McCoy* Our incarceration-focused immigration system needlessly locks up hundreds of thousands of noncitizens each year. The number of people incarcerated in Immigration and Customs Enforcement (ICE) custody was 15,000 when President Biden first took office, and it now hovers near 29,000. Sixty-nine percent of those detained have no criminal history. Many ICE detention…
Continue ReadingRight to Spiritual Advisors During Executions: Missouri’s Latest Refusal and the Supreme Court’s Evolving Jurisprudence
June 12, 2023
In Inequality Inquiry’s latest blog post, Britane Hubbard discusses how the Missouri Department of Corrections denied Leonard “Raheem” Taylor’s request for a spiritual advisor leading up to his execution.
Continue ReadingThe $2 Billion-Plus Price of Injustice: A Methodological Map for Police Reform in the George Floyd Era
March 22, 2021
View/Download PDF Version David Schultz† Introduction The death of George Floyd on May 25, 2020 under the knee of a Minneapolis police officer forced America again to confront the connection between racism and law enforcement. It also compelled the City of Minneapolis to act. Merely a few days later on June 7, 2020 a majority…
Continue ReadingA Healthy Start: Minnesota Is Pioneering an Alternative to Prison Nurseries, and Other States Should Follow Its Lead
March 28, 2022
by Rachel Pokrzywinski* In May 2021, Governor Tim Walz signed Minnesota’s Healthy Start Act (HSA) into law. The first of its kind in the United States, the HSA authorizes placement of pregnant and postpartum inmates into alternative housing—such as halfway houses and residential treatment facilities—with their newborns for up to one year after birth.…
Continue ReadingPunished Twice: Opioid Users Increasingly Handed Harsh Sentences for Friends’ Deaths
December 1, 2023
By: Bethany Jewison* A new phase of the opioid crisis. Jarret MacCasland and his fiancé Flavia Cardenas shared heroin on her 19th birthday.[1] Flavia tragically passed away and Jarret, who was only a few years older, was sentenced to life in prison with no chance of parole for the “murder” of Flavia.[2] Similarly, a 17-year-old…
Continue Reading“How Are We Supposed to Move Forward with THIS Police Force After This?”: The Stalled Reform Movement in Minneapolis
March 26, 2021
Gabrielle Maginn* On May 25, 2020, George Floyd was killed by Minneapolis Police Officer Derek Chauvin. The horrifying incident, in which Floyd calls out for his mother and tells Chauvin and the other officers present that he can’t breathe, was caught on camera and broadcast widely. In the days and weeks that followed, residents of…
Continue ReadingA Constitutional Necessity, Not a Luxury: States Must Provide Public Defender Offices With More Resources to Provide Indigent Defendants With Effective Counsel
March 30, 2022
By Haashir Lakhani* The phrase “you have the right to an attorney” is so ingrained in our social conscience that we perhaps do not even give it a second thought. The task of upholding this right for indigent defendants falls largely on public defenders, with some cases being assigned to other court-appointed attorneys. However, underfunded…
Continue ReadingThe Bystander Standard: Do Survivors of Mass Shootings Qualify for U Visas?
February 23, 2024
By: Elizabeth Mansfield The aftermath of a mass shooting is never easy. This is especially true for those survivors who have to deal with the trauma of what they’ve just experienced as well as the trauma of the American immigration system. Undocumented survivors of mass shootings may have concerns about going to the police with…
Continue ReadingHow We Got Here: Race, Police Use of Force, and the Road to George Floyd
April 1, 2021
Long before the killing of George Floyd, the United States has struggled to mitigate racially arbitrary use of force by the police. This article seeks to explain how we got to the killing of George Floyd. This article contends that that the law—especially the decisions of the Supreme Court and political choices made by politicians—has helped to enable the relatively unchecked use of force against people of color.
Continue ReadingOut of the Cell and Into the Fire: Inherently Dangerous Prison Work Assignments, the Eighth Amendment’s Guarantee of Safe Conditions of Confinement, and California’s AB-2147
April 13, 2022
by River Lord[1] Using the labor of inmates in the United States has a long and controversial tradition. Many observers have identified how higher rates of policing and incarceration among minority communities, coupled with the widespread use of inmate labor in exchange for sub-minimum wages, create a system of labor exploitation and racial oppression…
Continue ReadingWill Minnesota’s New Automatic Expungement Laws Have an Effect on Federal Sentences?
February 14, 2024
By Britane Hubbard* On January 1, 2025, Minnesota’s new automatic expungement statutes will go into effect.[1] Under this new law, the Bureau of Criminal Apprehension will identify eligible people and grant them expungement relief if they qualify.[2] Offenses eligible for expungement range from petty misdemeanors to felonies.[3] The possibility of a new wave of expungements…
Continue ReadingThis Week in News: Responses to the Killing of Daunte Wright
April 15, 2021
As part of JLI’s response to Daunte Wright’s killing by a Brooklyn Center police officer on Sunday, April 11th, Inequality Inquiry has compiled relevant news and legal-adjacent updates from the Twin Cities metro area.
Continue ReadingMore than Miranda: Exploring Preventive Solutions to Juvenile False Confessions
May 31, 2022
Juveniles, at a right rate, waiver their Miranda rights during interrogations with police, but they are also more likely to make false confessions. This blog explores solutions to this problem, including modifications to Miranda and requirements for counsel.
Continue ReadingAn Ongoing Struggle: Police Brutality and Native Americans
April 3, 2024
By: William Rauschenberg Per capita, Native Americans are among the most common victims of police violence of any minority group in the United States.[1] Depending on the year and statistics used, Indigenous Americans are either the most at risk or second behind Black Americans.[2] This is a striking figure that, like many Indian issues, is…
Continue ReadingThe Injustice of Inconsistency: Language Access in Judicial Proceedings
April 25, 2021
Rachel Pokrzywinski Judicial proceedings are often stressful. The stress is only compounded for an individual who must navigate the complex legal system in a language they are not proficient in. To ensure that these individuals receive adequate guidance and representation, federal law requires that, in all federal judicial proceedings, certified language interpreters must be provided…
Continue ReadingPurging False Narratives Around Cash Bail
October 28, 2022
By Christian Purnell. With Illinois’ Pretrial Fairness Act (PFA) set to take effect in a matter of months, opponents are stepping up their efforts to spread misinformation about the law on social media. Homing in on a provision of the PFA that abolishes cash bail in the state’s pretrial system, Twitter trolls, and even…
Continue ReadingWill Solitary Confinement’s Visibility in the Public Consciousness Lead to Real Change?
April 29, 2024
By: Zinaida Carroll* On March 15, 2024, Charles Leo Daniel was found dead by suicide in his solitary confinement cell at the Northwest ICE Processing Center in Tacoma, Washington.[1] Mr. Daniel had been held in solitary confinement for almost four years according to federal data––the second-longest sentence of solitary confinement in immigration detention.[2] The public…
Continue ReadingConstitutional Avenues for Challenging Social Media Monitoring by Law Enforcement
May 25, 2021
Stephen Earnest* Introduction Most Americans use social media on a regular basis.[1] Indeed, according to a recent report from the Global World Index, the average American allocates more than two hours a day to social media interaction, and that number appears to be increasing.[2] It should then come as no surprise that law enforcement agencies…
Continue ReadingWhat’s Brewing with Bruen?
October 30, 2022
Kenneth Cooper examines the impact of New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S.Ct. 2111 (2022), and New York’s public defender and legal aid offices unexpected involvement in the case.
Continue ReadingI Still Can’t Hear You Your Honor: Zoom Court is Here to Stay–and It’s at the Expense of Criminal Defendants
May 17, 2024
By: Sophie Herrmann* It has been over four years since the United States declared a national emergency in response to the initial outbreak of COVID-19. It is impossible to overstate the impact of the COVID-19 pandemic on almost all areas of American life. COVID-19 radically altered the education system, the housing market, the way…
Continue ReadingThe Long Scalpel of the Law: How United States Prisons Continue to Practice Eugenics Through Forced Sterilization
June 7, 2021
Brenna Evans* The modern discussion of reproductive rights—especially surrounding women’s reproductive rights—often focuses on the idea of the right not to reproduce, such as the right to abortion or the right to birth control.[1] However, one topic that seems to be left out of discussion is that of people who have had their ability to…
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