Criminal Justice
Inequality 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 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 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 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 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 Reading“It’s Absolutely Immoral”: The Denial of Mental Health Treatment in U.S. Prisons
January 9, 2023
Staff member Nicole Carter interrogates why prison inmates’ mental health needs are neglected in this new blog post.
Continue ReadingState v. Khalil: How a Minnesota Supreme Court Ruling Led to the Amendment of a Minnesota Criminal Sexual Conduct Statute
February 6, 2023
In this blog post, staff member Remy Bell explores how the case of State v. Khalil impacted Minnesota’s criminal sexual conduct statute.
Continue ReadingExpungement of Marijuana Convictions: Lessons Learned from Minnesota Prohibition
February 7, 2023
Articles Editor Cedar Weyker looks back on Prohibition-era Minnesota to determine the best path forward for expungement as states across the country legalize marijuana.
Continue ReadingPolice Questioning of Juveniles
February 9, 2023
By Emma Kruger Police interrogation can be intimidating even for adults, but the experience of police questioning for a juvenile suspected of committing or witnessing a crime can be even more overwhelming. Police interrogation practices often do not differ for children, but children’s experience of them and their capacity to adequately make choices in the…
Continue ReadingFace It: Police Can’t Be Trusted with Facial Recognition Technology
March 7, 2023
As facial recognition technology becomes more common, governments must confront the more sinister aspects of this new field, including privacy concerns, threats to free speech, and government surveillance. This piece by JLI Online Editor Joseph Scanlon breaks down the issues with police’s use of facial recognition technology.
Continue ReadingHow Current Law Fails to Protect Defendants with Mental Illnesses from the Death Penalty
March 27, 2023
By Bailey Martin Eighteen men were executed in the United States in 2022[1], and so far, seven more men and women have been executed in 2023.[2] Despite numerous arguments that these individuals suffered from severe mental illnesses, last-minute appeals and clemency requests were unsuccessful.[3] Furthermore, upcoming scheduled executions continue this pattern of executing individuals…
Continue ReadingFundamental, Not Absolute: Implications of the Minnesota Supreme Court’s Ruling in Schroeder v. Simon
March 29, 2023
In this blog, Staff Member John Leiner examines the Minnesota Supreme Court’s ruling in Schroeder v. Simon and how legislation could restore voting rights to Minnesotans with past felony convictions.
Continue ReadingExpungement: The Missing Federal Piece
May 10, 2023
While states have created their own expungement laws, nothing similar exists under federal law. In this blog post, staff member Diana Kawka explores federal expungement law and offers solutions to solve this gap.
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 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 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 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 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 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 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 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 ReadingInnocence in Missouri: Searching for a New Avenue Forward
September 30, 2024
View/Download PDF Version Innocence in Missouri (Hubbard) By: Britane Hubbard
Continue ReadingSupporting Criminalized Survivors: The Ongoing Need for Minnesota to Pass the Survivor’s Justice Act
November 18, 2024
By: Lucy Moran, Volume 43 Online Editor View/Download PDF Version: Supporting Criminalized Survivors – The Ongoing Need for Minnesota to Pass the Survivor’s Justice Act (Moran) On December 13, 2021, Samantha Heiges was released from one of Minnesota’s prisons after serving 12 years for causing the death of her baby. In front of Minnesota’s…
Continue ReadingWaupun Correctional Institution: A Case Study in the Failures of the PLRA’s Administrative Remedies Requirement
November 22, 2024
By: Claire Girod, Volume 43 Staff Member View/Download PDF Version: Waupun Correctional Institution – A Case Study in the Failures of the PLRA’s Administrative Remedies Requirement (Girod) The Eighth Amendment protects prisoners from cruel and unusual conditions of confinement. Court intervention is often credited by commentators as the driving force keeping correctional facilities from…
Continue ReadingMinnesota’s Clemency Review Commission: Reforming the Criminal Pardon Proces
December 18, 2024
By: Meg Keiser, Volume 43 Online Editor
Continue Reading