http://www.rssboard.org/rss-specification 720 https://escholarship.org/uc/uclalaw_cjlr/rss Recent eScholarship items from UCLA Criminal Justice Law Review Fri, 19 Jun 2026 11:02:59 +0000 https://escholarship.org/uc/item/93j6c64n Automated License Plate Readers (ALPRs) have become a critical tool to help law enforcement collect and analyze vehicle records to locate stolen cars and cars sought in connection with other crimes. ALPRs capture images of license plates, accompanied by timestamps and location data, to generate real-time alerts and support the investigation of crimes after the fact. Because vehicles are a nearly inevitable fact of American life, the widespread use of ALPR technology raises profound privacy concerns. Lower courts have begun to address the privacy risks posed by expansive and long-term ALPR surveillance, at times drawing parallels to the cell-site location data in Carpenter v. United States. Accordingly, this Comment explores the constitutional implications of warrantless ALPR data collection and use, analyzing the technology’s potential to infringe on the rights guaranteed by the Fourth Amendment. With privacy in mind, this Comment proposes a judicial rule consistent with Carpenter... https://escholarship.org/uc/item/93j6c64n Mon, 8 Jun 2026 00:00:00 +0000 Stolmack, Alyssa Archuleta https://escholarship.org/uc/item/9mq459rh Front Matter https://escholarship.org/uc/item/9mq459rh Wed, 3 Jun 2026 00:00:00 +0000 UCLA Criminal Justice Law Review, Editors https://escholarship.org/uc/item/9923m4g2 Table of Contents https://escholarship.org/uc/item/9923m4g2 Wed, 3 Jun 2026 00:00:00 +0000 Eds., Editors https://escholarship.org/uc/item/91g5q8j2 Lecture by Larry Krasner https://escholarship.org/uc/item/91g5q8j2 Wed, 3 Jun 2026 00:00:00 +0000 Krasner, Larry https://escholarship.org/uc/item/90z1m06b Federal, state, and local governments have criminalized mental illness by failing to fund necessary community-based mental health services while incarcerating people for behaviors arising from unmet mental health needs. This Article aims to provide a practical blueprint for a litigation-based decriminalization strategy that can be used by both impact litigation lawyers working towards systemic reform and by public defenders and others challenging arrests, convictions, and incarceration of individual clients. The legal theory draws on existing but largely overlooked U.S. Supreme Court precedent supporting the proposition that criminalizing persons with mental illness contravenes the fundamental values of our criminal justice system. Incorporating this legal theory into both individual criminal defense work and impact litigation has the potential to stem the tide of criminalization of mental illness and catalyze policy change on behalf of one of the most vulnerable populations in... https://escholarship.org/uc/item/90z1m06b Wed, 3 Jun 2026 00:00:00 +0000 Rifkin, Lori https://escholarship.org/uc/item/8kr5p5sm In Sandin v. Conner , the Supreme Court explained for the first time that prisoners have a “liberty interest,” protected by the Due Process Clause, in avoiding segregation or otherwise restrictive conditions that “impose atypical and significant hardship . . . in relation to the ordinary incidents of prison life.” But prison conditions vary significantly, making “the ordinary incidents of prison” difficult to define. As a result, the lower courts have struggled to identify the proper baseline, with some courts comparing challenged conditions to the most secure prisons within the jurisdiction, and others looking to the general prison population for comparison. This Article explores the federal Bureau of Prisons’ “Communication Management Units” (CMUs) as a case study for applying Sandin ’s liberty interest test. In 2016, the D.C. Circuit held in Aref v. Lynch that prisoners have a liberty interest in avoiding CMU placement, since it entails lengthy segregation from the general... https://escholarship.org/uc/item/8kr5p5sm Wed, 3 Jun 2026 00:00:00 +0000 Meeropol, Rachel https://escholarship.org/uc/item/8hv0s9tb Hidden Fees? The Hidden State Framework and the Reform Prospects for Systems of Monetary Sanctions https://escholarship.org/uc/item/8hv0s9tb Wed, 3 Jun 2026 00:00:00 +0000 Thurston, Chloe https://escholarship.org/uc/item/8h95m64x Many municipal governments have come to depend heavily on fines and fees generated by the criminal justice system. &nbsp;This essay uses data from all courts of limited jurisdiction (municipal and district courts) in Washington State between 2000 and 2014 to evaluate the relationships between local government finances, the Great Recession, and the imposition of debt through the criminal justice system. &nbsp;I find that municipalities issued more criminal justice debt during and after the recession across Washington, but that government finances as measured by tax receipts and expenditures per capita were weakly related to sentencing practices. &nbsp;These findings suggest that macroeconomic fiscal pressures may be drivers of enforcement and prosecutorial practices through increasing case volumes, but that macroeconomic pressures and local fiscal pressures did not appear to shift court sentencing practices in Washington during the Great Recession. https://escholarship.org/uc/item/8h95m64x Wed, 3 Jun 2026 00:00:00 +0000 Edwards, Frank https://escholarship.org/uc/item/86h7531b A national movement to change bail and pretrial detention is underway.[1] In California, bail reform advocates have attempted to pass Senate Bill 10 which would radically alter the state’s trial court administration of bail.[2] Advocates claim that reform is necessary because detention rates are too high and that the current bail system unfairly penalizes the poor.&nbsp; Although the effort failed to pass last year, it regained strength after the Judicial Council and Governor Brown endorsed the concept of bail reform.[3] The bail reform debate took a radical turn in a recent decision made by the California Court of Appeals.&nbsp; In In Re Humphrey , the San Francisco Public Defender’s Office filed a writ of habeas corpus, arguing that judges in California violated a defendant’s due process rights by failing to inquire about a defendant’s ability to post bail and whether there could be less restrictive conditions of release.[4] Representing a stark departure from legal precedent,... https://escholarship.org/uc/item/86h7531b Wed, 3 Jun 2026 00:00:00 +0000 Siddall, Eric https://escholarship.org/uc/item/8462j92s Table of Contents https://escholarship.org/uc/item/8462j92s Wed, 3 Jun 2026 00:00:00 +0000 UCLA Criminal Justice Law Review, Editors https://escholarship.org/uc/item/7vd043jw Child support is one of many debts that accumulate for poor nonresident parents during and after incarceration.&nbsp; As with legal financial obligations, child support debt functions as a form of cost recovery to the state, includes other fees, costs, and interest added onto the original child support order, and triggers aggressive enforcement measures.&nbsp; This Article focuses on child support policies that contribute to the debt burden held by the most disadvantaged parents, who are more likely to have contact with the criminal justice system and a history of incarceration.&nbsp; &nbsp;The Article first addresses cost recovery by the child support program and then discusses child support debt as a collateral consequence of incarceration.&nbsp; &nbsp;The Article also points to key factors driving this debt, including support orders that are not based on ability to pay, and identifies enforcement strategies that can further reduce nonresident parents’ ability to pay these debts,... https://escholarship.org/uc/item/7vd043jw Wed, 3 Jun 2026 00:00:00 +0000 Turetsky, Vicki Waller, Maureen R. https://escholarship.org/uc/item/7rp8g89c Although I have provided direct services and engaged in litigation related to municipal fines &amp; fees in New York City, monetary sanctions are not my area of legal expertise.&nbsp; Bearing that in mind, I am offering these thoughts in my capacity as a scholar of law, race, and money, and more importantly, as an organizer for economic justice.&nbsp; I hope the essay facilitates constructive conversations about the frameworks we use to analyze the political economy of monetary sanctions and mass incarceration.&nbsp; I am grateful to the UCLA Criminal Justice Law Review and the organizers of “Progressing Reform of Fees and Fines: Towards A Research and Policy Agenda Conference”, hosted at Harvard Law School, for the opportunity to share these reflections. https://escholarship.org/uc/item/7rp8g89c Wed, 3 Jun 2026 00:00:00 +0000 Carrillo, Raúl https://escholarship.org/uc/item/7cg3q309 Alabama is US: Concealed Fees in Jails and Prisons https://escholarship.org/uc/item/7cg3q309 Wed, 3 Jun 2026 00:00:00 +0000 Katzenstein, Mary Fainsod Bennett, Nolan Swanson, Jacob https://escholarship.org/uc/item/72v48820 Reflections From This Issue for Advancing Structural Change in Monetary Sanctions Policies https://escholarship.org/uc/item/72v48820 Wed, 3 Jun 2026 00:00:00 +0000 Nagrecha, Mitali Hopkins, Brook https://escholarship.org/uc/item/7055x7pj Table of Contents https://escholarship.org/uc/item/7055x7pj Wed, 3 Jun 2026 00:00:00 +0000 Editors, Editors https://escholarship.org/uc/item/6sz5z4kv Forcing Judges to Criminalize Poverty in North Carolina https://escholarship.org/uc/item/6sz5z4kv Wed, 3 Jun 2026 00:00:00 +0000 Nichol, Gene https://escholarship.org/uc/item/6s19n55k Reflection on the Rhetoric and Realities of Restitution https://escholarship.org/uc/item/6s19n55k Wed, 3 Jun 2026 00:00:00 +0000 Paik, Leslie https://escholarship.org/uc/item/6qv1136g Hundreds of thousands of men, women, and children with disabilities are incarcerated. They face discrimination and endure conditions that can be life-threatening in prisons and jails that are ill equipped to house and treat them. This Article describes how litigation can be used to divert disabled prisoners from correctional systems via constitutional claims, lawsuits premised on the Americans with Disabilities Act, and innovative post-judgment remedial schemes. https://escholarship.org/uc/item/6qv1136g Wed, 3 Jun 2026 00:00:00 +0000 Balaban, Eric https://escholarship.org/uc/item/6p31t6hv Detention, Release From Jail, and Computerized Bail Justice in California: Is it 1984 All Over Again? What Can California Learn From the Last 30 Years of Bail Reform? https://escholarship.org/uc/item/6p31t6hv Wed, 3 Jun 2026 00:00:00 +0000 Clayton, Jeffrey J. https://escholarship.org/uc/item/6hr5c11k Our inability to have empathy and seek changes that support incarcerated people beyond those with nonviolent crimes has the unintended consequence of creating more violence, less safety, and instability for individuals and our communities. This is particularly true for people marginalized by race, ethnicity, class, age, ability, gender, sexuality, religion, and immigration status. Strategies grounded in theories of anti-oppression and prison abolition may help legal and policy leaders work more closely with people on the inside of prisons allowing us to address the root causes of incarceration, find forms of accountability that do not rely on prisons, move beyond gender binaries, and uplift entire communities. https://escholarship.org/uc/item/6hr5c11k Wed, 3 Jun 2026 00:00:00 +0000 Hewko, Riley https://escholarship.org/uc/item/6fz2p2sc Front Matter https://escholarship.org/uc/item/6fz2p2sc Wed, 3 Jun 2026 00:00:00 +0000 Editors, Editors https://escholarship.org/uc/item/64t2w833 Monetary sanctions have long been a part of the U.S. criminal justice system but have received increasing attention from the public as well as legal scholars and social science research in recent years. This essay describes initial findings from the Multi-State Study of Monetary Sanctions, a multi-method study designed to build on the prior research on legal financial obligations (LFOs) by examining the multi-tiered systems of monetary sanctions operating within eight states representing key regions of the United States (California, Georgia, Illinois, Minnesota, Missouri, New York, Texas and Washington). Our research explores the constantly changing legal environment and documents how the law is practiced on the ground. We expand on prior research by engaging a large and diverse group of people who owe legal debt and criminaljustice stakeholders. We augment these data with systematic court observations across different jurisdiction sizes and court levels. In doing so, we fill... https://escholarship.org/uc/item/64t2w833 Wed, 3 Jun 2026 00:00:00 +0000 Shannon, Sarah Huebner, Beth M. Harris, Alexes Martin, Karin Patillo, Mary Pettit, Becky Sykes, Bryan Uggen, Christopher https://escholarship.org/uc/item/5s7734bd This is a brief article about open questions in prisoners’ rights law—that is, legal issues over which the federal courts disagree. These range from issues regarding prisoners’ exercise of religion, to interpretation of the Prison Litigation Reform Act, to the law protecting prisoners’ physical safety. I hope that this article will be helpful to prisoners’ rights lawyers who may consider seeking Supreme Court review of these unresolved questions. https://escholarship.org/uc/item/5s7734bd Wed, 3 Jun 2026 00:00:00 +0000 Shapiro, David M. https://escholarship.org/uc/item/5m11662b Democracy, if You Can Afford It: How Financial Conditions Are Undermining the Right to Vote https://escholarship.org/uc/item/5m11662b Wed, 3 Jun 2026 00:00:00 +0000 Sebastian, Thea Lang, Danielle Short, Caren E. https://escholarship.org/uc/item/5fv5m8pm In North Carolina, one in seven adult drivers currently has a suspended license for nondriving related reasons. &nbsp;As in many other states, in North Carolina, driver’s licenses are commonly suspended, for reasons unrelated to safety, when a person fails to appear in court in response to notice of a traffic court date or fails to pay traffic fines. &nbsp;Notices of traffic court dates are sent by mail, typically to the address on record at the Department of Motor Vehicles, as are subsequent notices that the consequence for nonappearance will be a driver’s license suspension. &nbsp;To better understand the effects of these driver’s license suspensions and whether individuals are even aware of the suspensions, we sought to survey a randomly selected 300 people in Wake County, North Carolina who had their licenses suspended between 2017–2018.&nbsp; We sent these surveys by mail and found something unexpected and unrelated to many of the survey questions themselves: that the addresses... https://escholarship.org/uc/item/5fv5m8pm Wed, 3 Jun 2026 00:00:00 +0000 Garrett, Brandon L. Modjadidi, Karima Crozier, William https://escholarship.org/uc/item/4w8022j5 Monetary Sanctions, Legal and Collateral Consequences, and Probation &amp; Parole: Where Do We Go From Here? https://escholarship.org/uc/item/4w8022j5 Wed, 3 Jun 2026 00:00:00 +0000 Link, Nathan Hyatt, Jordan M. Ruhland, Ebony https://escholarship.org/uc/item/3sk393dp Front Matter https://escholarship.org/uc/item/3sk393dp Wed, 3 Jun 2026 00:00:00 +0000 Editors, Editors https://escholarship.org/uc/item/3kw2925p Framing the System of Monetary Sanctions as Predatory: Policies, Practices, and Motivations https://escholarship.org/uc/item/3kw2925p Wed, 3 Jun 2026 00:00:00 +0000 Harris, Alexes https://escholarship.org/uc/item/3k70n0xs Over the past several years, we have seen significant criminal justice reform efforts on a national level, the most sweeping of which have taken place in California. The impetus behind these changes has been the increased widespread understanding of the drivers of criminogenic behavior coupled with intentional and targeted efforts by lawmakers and the criminal justice system to attempt to reduce recidivism by addressing those drivers. At a local level, Los Angeles County has led the way in these efforts with the implementation of various collaborative programs and initiatives by the court system, local government and law enforcement. By addressing criminogenic drivers, as opposed to focusing on retribution and incapacitation, the region has become smarter on crime. This approach facilitates both rehabilitation for the individual who committeda crime and restoration for the victims, thereby significantly and effectively reducing recidivism. In other words, this approach accomplishes... https://escholarship.org/uc/item/3k70n0xs Wed, 3 Jun 2026 00:00:00 +0000 Guillemet, Kimberley Baker https://escholarship.org/uc/item/3gh5x5sd In the years since Officer Darren Wilson shot and killed Michael Brown in Ferguson, Missouri, policymakers and advocates have pushed for reforms to both police practices and systems of fines and fees. &nbsp;The connection between fines and fees enforcement tactics and police violence remains an important focus for reforms. &nbsp;Police play a significant role in driving up the volume and amounts of fines and fees imposed, and they play a critical role in city and state collection efforts. &nbsp;The use of police as debt imposers and collectors creates opportunities for police violence—both physical use of force, as well as more nuanced forms of violence through the exertion of coercion, fear, and control. &nbsp;In this piece, I argue that specific policing tactics used to impose and collect fines and fees, and the wide latitude given to police via Fourth Amendment jurisprudence to engage in such tactics, facilitates conditions similar to those in Ferguson and results in unnecessary... https://escholarship.org/uc/item/3gh5x5sd Wed, 3 Jun 2026 00:00:00 +0000 Brett, Sharon https://escholarship.org/uc/item/3dt4t6h5 The Hidden Cost of the Disease: Fines, Fees, and Costs Assessed on Persons With Alleged Substance Use Disorder https://escholarship.org/uc/item/3dt4t6h5 Wed, 3 Jun 2026 00:00:00 +0000 O'Neil, Meghan M. Strellman, Daniel https://escholarship.org/uc/item/37s1d3c2 Freedom Should Be Free: A Brief History of Bail Funds in the United States https://escholarship.org/uc/item/37s1d3c2 Wed, 3 Jun 2026 00:00:00 +0000 Steinberg, Robin Kalish, Lillian Ritchin, Ezra https://escholarship.org/uc/item/36c7c07m Substance use disorder is a recognized medical condition that describes a compulsive use of a substance despite negative consequences. When the substance of abuse is also an illegal drug, a conflict arises between treating the patient through the most effective medically proven methods and enforcing state laws prohibiting personal possession or use of that substance. What really happens to people prosecuted for possession of small amounts of illegal drugs? What happens when the limited resources of a local government are spent on harm-reduction approaches to helping people with addiction, rather than arresting, jailing and prosecuting them in a court without treatment and support resources? King County (WA) has embarked on the policy path of declining to prosecute most cases of possession of small amounts of illegal controlled substances and instead investing money in building connections between case managers and people with substance use disorder delivered through the model... https://escholarship.org/uc/item/36c7c07m Wed, 3 Jun 2026 00:00:00 +0000 Satterberg, Dan Daugaard, Lisa https://escholarship.org/uc/item/31r669wf Carceral Immobility and Financial Capture: A Framework for the Consequences of Racial Capitalism Penology and Monetary Sanctions https://escholarship.org/uc/item/31r669wf Wed, 3 Jun 2026 00:00:00 +0000 Friedman, Brittany https://escholarship.org/uc/item/2wb6d1zq Monetary sanctions include fines, fees, restitution, surcharges, interest, and other costs imposed on people who are convicted of crimes ranging from traffic violations to violent felonies. &nbsp;We analyze how people in the court system theorize about monetary sanctions with regards to four kinds of justice: constitutional, retributive, procedural, and distributive justice. &nbsp;Drawing on qualitative interviews with sixty-eight people sentenced to pay monetary sanctions in Illinois, we identify five themes that illuminate how respondents think about these forms of justice: monetary sanctions are: (1) justifiable punishment, (2) impossible to pay due to poverty, (3) double punishment, (4) extortion, and (5) collected by an opaque and greedy state. &nbsp;We find that for defendants in the criminal justice system, monetary sanctions serve some retributive aims, but do not align with the other three domains of justice. &nbsp;We discuss the policy implications of these findings. https://escholarship.org/uc/item/2wb6d1zq Wed, 3 Jun 2026 00:00:00 +0000 Pattillo, Mary Kirk, Gabriela https://escholarship.org/uc/item/2rq8t137 Prosecutors are the most powerful officials in the criminal justice system. At least ninety percent of all criminal cases are prosecuted on the state level, and in all but five jurisdictions, the chief prosecutor (also known as the district attorney) is an elected official. Most district attorneys run unopposed and serve for decades. However, in recent years, a number of incumbent district attorneys have been challenged and defeated by individuals who pledged to use their power and discretion to reduce the incarceration rate and eliminate unwarranted racial disparities in the criminal justice system. These so-called “progressive prosecutors” have enjoyed some modest successes, but many have faced challenges—from within and outside of their offices. This Article discusses some of these successes and challenges and proposes guidelines to assist newly-elected district attorneys who are committed to criminal justice reform. https://escholarship.org/uc/item/2rq8t137 Wed, 3 Jun 2026 00:00:00 +0000 Davis, Angela J. https://escholarship.org/uc/item/2rk6b4ws The California Money Bail Reform Act: Ensuring Pretrial Justice and Public Safety https://escholarship.org/uc/item/2rk6b4ws Wed, 3 Jun 2026 00:00:00 +0000 Bonta, Rob https://escholarship.org/uc/item/1vn6310t Front Matter https://escholarship.org/uc/item/1vn6310t Wed, 3 Jun 2026 00:00:00 +0000 Editors, Editors https://escholarship.org/uc/item/1rr4r0bw Law, Money, People: Insights From a Brief History of Court Funding Concerns https://escholarship.org/uc/item/1rr4r0bw Wed, 3 Jun 2026 00:00:00 +0000 Martin, Karin D. https://escholarship.org/uc/item/1gt629rw Table of Contents https://escholarship.org/uc/item/1gt629rw Wed, 3 Jun 2026 00:00:00 +0000 Editors, Editors https://escholarship.org/uc/item/19p8b9r6 If We Only Knew the Cost: Scratching the Surface on How Much it Costs to Assess and Collect Court Imposed Criminal Fees and Fines https://escholarship.org/uc/item/19p8b9r6 Wed, 3 Jun 2026 00:00:00 +0000 Crowley, Michael F. Menendez, Matthew J. Eisen, Lauren-Brook https://escholarship.org/uc/item/17c068hm A fundamental principle of organizational management is that you measure the things that matter. In the field of law enforcement, the most routinely and intensely tracked metrics often relate to reported crime rates. Data-driven management systems like CompStat have a huge influence over law enforcement decisions about resource deployment, patrol assignments, performance evaluations, and promotions. Potential harms of racially disparate or unnecessarily burdensome policing, on the other hand, are rarely analyzed as routinely or intensely. As a result, evaluation of law enforcement policies and practices can often become a benefit-only cost-benefit analysis: Decisions about police intervention are made based on anticipated benefits of preventing crimes and catching offenders with little regard for the direct and indirect costs of police intervention to individuals and communities. https://escholarship.org/uc/item/17c068hm Wed, 3 Jun 2026 00:00:00 +0000 Rau, Hilary https://escholarship.org/uc/item/0bv8f638 While the harms caused by solitary confinement and its overuse in American prisons have gained increased recognition over the last decade, most states and the federal government maintain that extensive solitary confinement is both necessary and appropriate for those people deemed “the worst of the worst.” As a result, many of those who have been so labeled have languished in solitary confinement for years or even decades. With limited exceptions, they are there with the blessing of the federal courts, which have generally held that even very lengthy periods of solitary confinement do not violate the Eighth Amendment’s Cruel and Unusual Punishments clause. In this Article, I examine a Norwegian court’s holding that Anders Behring Breivik’s long-term solitary confinement violates the European Convention on Human Rights to consider the lessons it holds for American Eighth Amendment conditions of confinement jurisprudence. https://escholarship.org/uc/item/0bv8f638 Wed, 3 Jun 2026 00:00:00 +0000 Rovner, Laura https://escholarship.org/uc/item/8k02q9zx Since the U.S. Supreme Court in Gregg v. Georgia reinstated the death penalty in 1976, approximately ten percent of those executed in the United States have been "volunteers." Volunteers are death-sentenced individuals who waive their right to appellate review and post-conviction relief to seek prompt "voluntary" execution. Fewer than one in six death sentences result in execution. Volunteers distort this statistic. Many states continue to accede to volunteers' death wishes, often citing the individual's "dignity" as a reason for granting them execution. Volunteers similarly&nbsp; argue that their "worth" and "dignity" depend on the state executing them. This is the volunteer paradox: Death-sentenced individuals waive dignity-enhancing procedures (like appellate review). This Article lays out the dignitary interests at stake, consciously juxtaposing death row volunteerism against physician-assisted suicide. Whether states have a constitutional obligation to prevent volunteering... https://escholarship.org/uc/item/8k02q9zx Mon, 20 Oct 2025 00:00:00 +0000 Metz, Chloe https://escholarship.org/uc/item/8g70f22x <p>This Article explores why abortion is being recriminalized in the United States in sharp contrast to the historical evolution of reproductive rights. Its thesis is that abortion exemplifies American exceptionalism in the original sense of the phrase that America is an "exception," especially within the Western world. Yet exceptionalism should not be misunderstood as historical determinism or cultural essentialism. By the early 1970s, America was converging with peer Western democracies in liberalizing abortion. This process of convergence was ultimately halted by the mounting influence of the U.S. pro-life movement in an age when tolerance or support for reproductive rights increasingly became the norm abroad. When Dobbs overruled Roe, it not only exacerbated polarization within America, but also the divide between America and other Western democracies. This divergence was epitomized by the criticism that Dobbs garnered from U.S. allies, which led to remarkable public statements... https://escholarship.org/uc/item/8g70f22x Mon, 20 Oct 2025 00:00:00 +0000 Jouet, Mugambi https://escholarship.org/uc/item/7120h1c2 The U.S. immigration system continues to detain immigrants who seek to enter the country at incredibly high rates. Only 19.4 percent of detained noncitizens are represented in their immigration hearings, which often effectively have life-or-death consequences. Noncitizens face a host of physical and informational barriers in detention that impede their ability to find legal representation or successfully represent themselves in immigration court. The access to justice framework seeks to address this problem by identifying various ways to provide competent legal support to immigrants in detention. This Article examines the opportunities and limitations of universal representation programs, accredited representatives, and the Legal Orientation Program. While all three provide partial relief to this issue, this Article argues that the programs working in conjunction with one another would be most effective to begin to tackle this massive crisis. https://escholarship.org/uc/item/7120h1c2 Mon, 20 Oct 2025 00:00:00 +0000 Ganić, Aila https://escholarship.org/uc/item/65k6v611 In State v. Gutierrez , the New Mexico Supreme Court became the first high court in the United States to abolish the spousal communications privilege, declaring it a “procedural rule which has outlived its justification.” In doing so, the court rejected both utilitarian and humanist rationales long used to defend the privilege, departing from centuries of Anglo-American legal tradition and the practices of every other U.S. jurisdiction. This Article critically examines that decision and its constitutional, philosophical, and jurisprudential consequences. The court’s utilitarian analysis treats the privilege as an instrumentally ineffective deterrent to spousal testimony, arguing it protects communications that would occur even without its existence. But this logic, adapted from professional privileges such as attorney-client confidentiality, misunderstands the privilege’s function as a protection of personal rather than procedural integrity. Moreover, the court’s “humanistic”... https://escholarship.org/uc/item/65k6v611 Mon, 20 Oct 2025 00:00:00 +0000 Beauchamp, Scott https://escholarship.org/uc/item/0369b66t Front Matter https://escholarship.org/uc/item/0369b66t Mon, 20 Oct 2025 00:00:00 +0000 Editors, Editors https://escholarship.org/uc/item/9t77v89d <p>Despite the social and legal resonance of fear events, fear has received little academic attention as a mechanism for creating and entrenching law in the United States. Importantly, long after the fear stimulus fades from social discourse, the law remains, sometimes in ways that are not obviously derivative of the original fear object. Consequently, understanding fear as an origin of law is of heightened importance. In this Article, we analyze various domains of law using experimental digital surveys and detailed case study analysis to unveil the <em>fear principle</em> that demonstrates how fear becomes law.</p><p>We examine the lawmaking potential of fear through the process of objectification. To do so, we dissect the multidimensionality of objects—the social, the tangible, and the legal—and explain how overidentification with one dimension of an object leads to a process of objectification. From there, we consider how the unique emotional capacity of fear can accelerate... https://escholarship.org/uc/item/9t77v89d Fri, 11 Oct 2024 00:00:00 +0000 Albrecht, Kat Burns, Andrew Bell, Sierra https://escholarship.org/uc/item/9sn0r8dg <p>The environment in which an individual lives inevitably influences the life they lead. Although many social scientists, legal scholars, and judges accept that severe environmental deprivation can reduce culpability for criminal offending, sentencing outcomes in the federal system often fail to reflect this. This occurs because deprivation is not consistently recognized as a mitigating factor in non-capital cases.</p><p>Over the past fifty years, scholars have mounted a sustained effort to develop a mitigating factor that recognizes environmental deprivation experienced by defendants. On the whole, these efforts have been unsuccessful at the federal level, and have failed to gain traction among courts or legislatures. Somewhat surprisingly, none of the voluminous scholarship looks beyond the United States. This is unfortunate.</p><p>Over the past two decades, legislatures and courts in Canada, Australia, and New Zealand have successfully developed the mitigating factor that... https://escholarship.org/uc/item/9sn0r8dg Fri, 11 Oct 2024 00:00:00 +0000 Frederickson, Oliver https://escholarship.org/uc/item/98w6x7tb A theory of the provocation doctrine—labeled the “partial forfeiture” theory—is developed based on a particular understanding of the psychological process by which a defendant “loses self-control.” The interpretation this psychology would assign to each of the provocation doctrine’s elements is explained. According to this theory, when a defendant could not, due to passion, have done otherwise than form an intent to kill, he’s nonetheless guilty of murder if the state regards him as someone who does not habitually see or perceive the moral world in the way the state obligates it to be seen or perceived. The theory thus portrays the state, when state actors apply the provocation doctrine to the facts of a particular case, as making a judgment, not about the way in which the defendant judges the “moral world,” but instead about the way in which he’s disposed to see or perceive it. https://escholarship.org/uc/item/98w6x7tb Fri, 11 Oct 2024 00:00:00 +0000 Garvey, Stephen P. https://escholarship.org/uc/item/6zx2h4d6 <p>Every year in the United States, over 600,000 people are released from prison and over 9,000,000 enter and exit jail. Many of these individuals have complex and chronic physical and mental health conditions. The Bureau of Justice Statistics found that in 2016, forty percent of incarcerated people in state prisons reported having an active chronic health condition, forty-three percent had a history of mental health issues, and fourteen percent met the threshold for serious psychological distress. Nationally, a person with serious mental illness is three times more likely to be found in a jail or prison than a hospital. Upon reentry to their communities, many individuals are left unsupported in vulnerable positions, without health insurance or transitional medical care. The consequences for those with acute medical needs and mental health disorders—particularly those with substance use disorders—can be severe. Though countless policies, practices, and dynamics underlie this concerning... https://escholarship.org/uc/item/6zx2h4d6 Fri, 11 Oct 2024 00:00:00 +0000 Kennedy, Rachel https://escholarship.org/uc/item/6cc0g612 Decarceral Visions Conference: Voices from the Criminal Justice Law Review's 2023 Symposium https://escholarship.org/uc/item/6cc0g612 Fri, 11 Oct 2024 00:00:00 +0000 Kim, Hannah Nyberg, Peter https://escholarship.org/uc/item/4dv085p6 Though the United States is touted as a global beacon of equality, the Thirteenth Amendment engendered unequal citizenship through felony disenfranchisement legislation, which revokes the voting rights of convicted felons. This is a common and growing practice in the United States, as there were approximately one million disenfranchised individuals in 1976 compared to the approximate six million disenfranchised individuals in 2016. Ex-felony disenfranchisement should be prohibited in the United States, meaning felons should be restored the right to vote after the conclusion of their incarceration, parole, and probation. https://escholarship.org/uc/item/4dv085p6 Fri, 11 Oct 2024 00:00:00 +0000 Grana, Alicia https://escholarship.org/uc/item/47r166vh Judgments about the harmfulness of trial errors have profound consequences for defendants, the criminal justice system, and the public. Judges are expected to assess harm accurately, but they cannot hear directly from jurors and may only speculate about the difference a trial error made. Even experienced judges have a hard time predicting what jurors think and what juries will do. Fortunately, scientific principles and research can assist judges in conducting harmless error analysis. This Article offers a framework for testing claims about the harmfulness oftrial errors. It specifies the prosecution’s burden to prove a trial error was harmless on direct appeal as well as the defendant’s burden to prove a trial error was harmful in post-conviction proceedings. Hypotheses about the harmfulness of errors can be visualized and tested rigorously. Scientific analysis of trial errors can help courts assess the harmfulness of trial errors more accurately, efficiently, and confidently. https://escholarship.org/uc/item/47r166vh Fri, 11 Oct 2024 00:00:00 +0000 Edwards, Barry https://escholarship.org/uc/item/85j404n6 Front Matter https://escholarship.org/uc/item/85j404n6 Thu, 10 Oct 2024 00:00:00 +0000 Editors, Editors https://escholarship.org/uc/item/72q742s8 <p>Individuals openly toting high-powered firearms are descending upon America’s polling places, vote tabulation centers, and even the private residences of election officials. While states are free to banfire arms at election facilities, few have done so. Worse yet, statutes designed to prevent voter intimidation are ineffective, as they require prosecutors to prove intent to intimidate on the part of those who open carry. While that may seem obvious, putative defendants will contend they have no intent to intimidate anyone with their open display of firepower, and instead are merely seeking to “prevent voter fraud” or to defend themselves. Consequently, voter intimidation prosecutions are rarely brought.</p><p>This Article identifies an innovative strategy to combat intimidation by armed individuals at elections: the common law offense of riot. At common law, armed groups unauthorized by law were considered riots and punished as such for causing “public terror.” All but three... https://escholarship.org/uc/item/72q742s8 Mon, 16 Oct 2023 00:00:00 +0000 Fogelson, Matthew A. https://escholarship.org/uc/item/8z98v6zp Front Matter https://escholarship.org/uc/item/8z98v6zp Mon, 18 Sep 2023 00:00:00 +0000 Editors, Editors https://escholarship.org/uc/item/8rw18345 This Article argues judicially-imposed rigid rules governing the conduct of those responsible for providing adequate healthcare to the incarcerated will not reform prison healthcare. This is largely because the “need to customize and adapt makes rules an ineffective means of controlling discretion.” Instead, judges and policymakers should supplant limited rules with principles of ongoing monitoring and correction of these facilities if they hope to improve these facilities’ provision ofhealthcare. Part I quickly describes the United States’ criminal legal system and the dire conditions inside American prisons, jails, and detention centers. Part II surveys class-action litigation challenging inhumane healthcare provisions in four jurisdictions, each one using a different healthcare delivery model. Part III examines how institutional systems and structures at these facilities may be improved by incorporating systems of ongoing monitoring and correction, in line with the principles... https://escholarship.org/uc/item/8rw18345 Mon, 18 Sep 2023 00:00:00 +0000 Tejada, Roger Antonio https://escholarship.org/uc/item/6wh116n3 Framing and discursive strategies influence the direction of oral arguments and, ultimately, case outcomes, and these strategies benefitdominant interests and sideline marginalized voices. This paper critically evaluates the oral arguments in the 1972 Supreme Court, Argersinger v. Hamlin, decision holding (for the first time) that some misdemeanor defendants were entitled to counsel. The case was argued twice (1971and 1972) and decided under tremendous uncertainty about its effect, including (1) how many misdemeanor defendants would be affected by the ruling, (2) how lawyers might be recruited for representation, and(3) what kind of impact mandated representation might have on small, rural communities. Drawing on critical discourse analysis, this paper investigates how lexicality and framing shifted questions and arguments that constructed social realities perpetuating and reproducing dominant interests while obscuring and backgrounding non-dominant interests on the scope of the... https://escholarship.org/uc/item/6wh116n3 Mon, 18 Sep 2023 00:00:00 +0000 Smith, Alisa https://escholarship.org/uc/item/6bv8v76k In this article, I take a sociological approach to the constitutional questions intrinsic to the pretrial incarceration of the unconvicted, focusing on the group of people whose pretrial detentions most directly complicate the Court’s decisions: those people who are detained pretrial and then never convicted of the crimes for which they were held. Notably, despite the ways in which the experiences of these never-convicted people call into question case law regarding individuals receiving the presumption of innocence and due process protections against punishment before trial, this group is absent from contemporary criminological and sociological studies. I begin this article with a brief review of the key Supreme Court cases on the constitutionality of pretrial detention. I then provide an overview of current social science research on pretrial detention and situate this research therein, before describing my data and methods. I then present my findings, along with a discussion. https://escholarship.org/uc/item/6bv8v76k Mon, 18 Sep 2023 00:00:00 +0000 Rabinowitz, Mikaela https://escholarship.org/uc/item/6bs7g8rn <p>This Article explores the application and enforcement of GVROs in California and offers an evaluation of their effectiveness thus far. It then argues that GVROs are constitutionally permissible under the new standard announced in New York State Rifle &amp; Pistol Assn., Inc. v. Bruen. In Bruen, the U.S. Supreme Court held that a century-old New York gun safety law, which required a license to carry concealed weapons in public places, was unconstitutional. Further, the Court adopted a new test that says a modern gun law must have an analogue in American legislative text, history, and tradition.</p><p>This Article blends statutory and legal analyses of GVROs in California and includes a rare discussion of the practical and administrative aspects of how attorneys proceed in bringing forth a GVRO against a respondent. It stands apart from the extant legal literature which has largely addressed the goals and feasibility of red flag laws generally, or has focused on red flag laws... https://escholarship.org/uc/item/6bs7g8rn Mon, 18 Sep 2023 00:00:00 +0000 Gee, Harvey https://escholarship.org/uc/item/63z9j5sx The passages below feature the most relevant and explanatory discussions that occurred during the Symposium sessions. The Symposium featured a keynote speaker address and five panels. The transcripts have been edited for length and clarity. https://escholarship.org/uc/item/63z9j5sx Mon, 18 Sep 2023 00:00:00 +0000 Editors, Voices from the CJLR 2022 Symposium https://escholarship.org/uc/item/5rx0g7bq Part I of this Essay tells the origin story of the UCLA Law COVID Behind Bars Data Project. Part II addresses the question of how an effort like this, focused on data and policy, could have arisen in a law school, and what our experience reveals about the role the legal academy and legal scholarship can play in the movement for social justice and policy change. Part III highlights some of the organizational factors that enabled us to do what we did despite significant time and resource constraints. The focus here is on the process of institution-building and lessons learned. Finally, Part IV briefly describes the denouement of our&nbsp;COVID data collection efforts and our decision to pivot to our currentfocus on national, all-cause carceral mortality. https://escholarship.org/uc/item/5rx0g7bq Mon, 18 Sep 2023 00:00:00 +0000 Dolovich, Sharon https://escholarship.org/uc/item/55f5n4mb <p>The Bruen majority invalidated New York’s firearms licensing law on the basis of its supposed conflict with historical tradition, stating: “[t]he test that we set forth in Heller and apply today requires courts to assess whether modern firearms regulations are consistent with the Second Amendment’s text and historical understanding.” The Court’s disparate&nbsp;standards for voting rights and the right to keep and bear arms enables legislatures to expand access to guns while constraining access to ballots. Second Amendment expansion and voting rights contraction will particularly harm minoritized Americans. Research shows that looser gun laws lead to more gun-related deaths, and gun homicide disproportionately kills Black, Hispanic/Latino, and Native Americans. Black, Hispanic/Latino, and Native people likewise bear the brunt of voter suppression laws. This means that the Supreme Court’s insistence on expanding the right to keep and bear arms, while shrinking the right to vote,... https://escholarship.org/uc/item/55f5n4mb Mon, 18 Sep 2023 00:00:00 +0000 Sampson, Kelly https://escholarship.org/uc/item/6wx4t2x6 Following this year’s symposium theme of restorative justice, the UCLA Criminal Justice Law Review is proud to feature works highlighting restorative justice in action. The following pieces come from the Success Stories Program, a restorative justice program borne out California state prisons. https://escholarship.org/uc/item/6wx4t2x6 Sun, 3 Jul 2022 00:00:00 +0000 Reitano, Kiki Coudoux, Chantal https://escholarship.org/uc/item/8n4487tk Selected Essays from the Emancipation Initiative https://escholarship.org/uc/item/8n4487tk Wed, 15 Jun 2022 00:00:00 +0000 Initiative, Emancipation https://escholarship.org/uc/item/7rf5b2jm In 2016, Colten Boushie, a 22-year-old Indigenous man, was fatally shot by Gerald Stanley, a white farmer. Stanley was later acquitted of second-degree murder and manslaughter by an all-white jury. Peremptory challenges became the major legal focus, with the all-white jury attributed to the defense attorney’s peremptory dismissal of five Indigenous individuals from the final jury panel. Following a raucous public debate, just two months after Stanley’s acquittal, Canada’s Government quickly introduced Bill C-75, eliminating peremptory challenges. While some legal actors view the ban on peremptory challenges as a step toward improving Indigenous juror participation, others argue that this elimination decreases Indigenous representation. As the insular debate endures, it continues to distract from numerous substantial issues with more profound implications on Indigenous juror representation. Through an analysis of the Jury Acts of Ontario, Saskatchewan, and Manitoba, this Article... https://escholarship.org/uc/item/7rf5b2jm Wed, 15 Jun 2022 00:00:00 +0000 Keast-O'Donovan, Kona https://escholarship.org/uc/item/5d83q3gz <p>In November 2021, the UCLA Criminal Justice Law Review, in partnership with the UCLA Law Criminal Justice Program and several cosponsors, presented the symposium series Restorative Justice Origins, Applications, &amp; Futures. The focus of the series was restorative justice, a concept derived from diverse indigenous community traditions around the world that include peacemaking, talking circles, and community healing. Remaining cognizant of these roots is essential to practicing restorative justice in good-faith. Today, restorative justice focuses upon healing relationships, both between community members and within individuals.</p><p>A number of peacemaking principles and practical skills and fall under the restorative justice umbrella. For example, practical skills include nonviolent communication, active listening, and understanding our own approaches to dealing with conflict. Among peacemaking principles, there is the importance providing time and space for healing, joint... https://escholarship.org/uc/item/5d83q3gz Wed, 15 Jun 2022 00:00:00 +0000 2021 Symposium, Criminal Justice Law Review https://escholarship.org/uc/item/5bx5g16b Table of Contents https://escholarship.org/uc/item/5bx5g16b Wed, 15 Jun 2022 00:00:00 +0000 Editors, Editors https://escholarship.org/uc/item/46p9p44m This Article proposes a new data-driven approach that can be employed to help reduce postarrest disparities in criminal case outcomes in the United States: the unwarranted disparity statement. In Part I, the Article documents the existence of unwarranted disparities in postarrest criminal case outcomes, highlights structural reforms that have been implemented to address these disparities, and argues that a data-driven approach that helps to reduce these disparities in the short term is needed. Part II describes three data-driven approaches that have been proposed or employed to address postarrest case outcome disparities and identifies key limitations of each of these approaches that are not present with the unwarranted disparity statement. In Part III, the Article provides a basic framework for the unwarranted disparity statement approach and describes the content of unwarranted disparity statements. Part IV provides an empirical illustration of how the unwarranted disparity... https://escholarship.org/uc/item/46p9p44m Wed, 15 Jun 2022 00:00:00 +0000 Gottlieb, Aaron https://escholarship.org/uc/item/41p0f0zc <p>This Article series argues that the U.S. Supreme Court’s excessive force jurisprudence from Graham v. Connor to the present has undermined the objectivity of the reasonableness standard. In its place, the Court has erected a standard that reflects modern conservative political ideology, including race conservatism, law-and-order, increased police discretion, and the deconstruction of the Warren Court’s expansion of civil rights and civil liberties. Indeed, the Court, dominated by law-and-order conservatives, is one of the greatest triumphs of modern conservatism, which developed as a backlash against various social movements like the Civil Rights Movement in the 1960s and the spontaneous urban rebellions that characterized the decade.</p><p>Part I of this Article series examines fear from a biological, political, and sociological perspective. It highlights how most Americans impute reasonability to statistically unjustifiable perceptions of danger. Part I also examines the... https://escholarship.org/uc/item/41p0f0zc Wed, 15 Jun 2022 00:00:00 +0000 Sanders, Kindaka J. https://escholarship.org/uc/item/3xb025tb Allowing agents to narrate the course of their investigations, and thus present juries damning information that is not subject to cross-examination, would largely abrogate the defendant’s rights under the Sixth Amendment and the hearsay rule. https://escholarship.org/uc/item/3xb025tb Wed, 15 Jun 2022 00:00:00 +0000 Mundy, Hugh M. https://escholarship.org/uc/item/25z4t379 We're Tired: The Exhaustion Requirement of the Prison Litigation Reform Act https://escholarship.org/uc/item/25z4t379 Wed, 15 Jun 2022 00:00:00 +0000 Smith, Katrina M. https://escholarship.org/uc/item/1vz9g2s8 Front Matter https://escholarship.org/uc/item/1vz9g2s8 Wed, 15 Jun 2022 00:00:00 +0000 Editors, Editors https://escholarship.org/uc/item/0g42k8r2 <p>On an imperfect American criminal legal landscape, evidence about a defendant’s inability to appropriately perform grief about and/or towards a victim often colors how judges, juries, and the public understand their relationship to criminality. It is on this imperfect American criminal legal landscape that the subject of this paper—grief performance and its relationship to constructions of guilt—is born.</p><p>I argue that a real ritual dissonance transpires when an individual loses someone close to them to a traumatizing form of death—that is, in an extremely violent or unexpected way. On the one hand, one’s body finds itself expected to conform to social norms regarding grief and mourning. On the other, one’s experience is so anomalous as to potentially make it unfathomable for them to do so. The resulting grief performance is one that is at once produced by the grieving self to process incomprehensible trauma and recognized by a perceiving community as a social oddity, a... https://escholarship.org/uc/item/0g42k8r2 Wed, 15 Jun 2022 00:00:00 +0000 Chazen, Emily https://escholarship.org/uc/item/9bb727s8 Whose Streets? Building Safe Communities for All https://escholarship.org/uc/item/9bb727s8 Mon, 20 Sep 2021 00:00:00 +0000 Voices and Viewpoints, CJLR Symposium https://escholarship.org/uc/item/8bx8c3fd <p>Risk assessment algorithms lie at the heart of criminal justice reform to tackle mass incarceration. The newest application of risk tools centers on the pretrial stage as a means to reduce both reliance upon wealth-based bail systems and rates of pretrial detention. Yet the ability of risk assessment to achieve the reform movement’s goals will be challengedif the risk tools do not perform equitably for minorities. To date, little is known about the racial fairness of these algorithms as they are used in the field. This Article offers an original empirical study of a popular risk assessment tool to evaluate its race-based performance. The case study is novel in employing a two-sample design with large datasets from diverse jurisdictions, one with a supermajority white population and the other a supermajority Black population.</p><p>Statistical analyses examine whether, in these jurisdictions, the algorithmic risk tool results in disparate impact, exhibits test bias, or displays... https://escholarship.org/uc/item/8bx8c3fd Mon, 20 Sep 2021 00:00:00 +0000 Hamilton, Melissa https://escholarship.org/uc/item/8995h2qx Table of Contents https://escholarship.org/uc/item/8995h2qx Mon, 20 Sep 2021 00:00:00 +0000 Eds., Editors https://escholarship.org/uc/item/6tb91584 Pandemic, Protest, and Agency: Jury Service and Equal Protection in a Future Defined by COVID-19 https://escholarship.org/uc/item/6tb91584 Mon, 20 Sep 2021 00:00:00 +0000 Brayer, Patrick C. https://escholarship.org/uc/item/685231gk Some Modest Proposals for a Progressive Prosecutor https://escholarship.org/uc/item/685231gk Mon, 20 Sep 2021 00:00:00 +0000 Zeidman, Steven https://escholarship.org/uc/item/5gj837r0 How do police select suspects for witnesses to identify? There is currently no standard for the quantity of evidence required before investigators can order an identification procedure. Because eyewitness misidentification continues to be the leading cause of wrongful convictions, law and policy should guide police discretion at this investigatory stage by requiring detectives to show an evidentiary basis for placing suspects in lineups, showups, or photo arrays. The American Law Institute has proposed an addition to the Model Penal Code requiring&nbsp;police to have a <em>strong basis</em> in factual evidence before conducting identification procedures. The American Psychology-Law Society called for an <em>evidence-based suspicion</em> standard. Current law provides Fifth Amendment due process challenges to the suggestiveness of such procedures post hoc but does not address the reasons police may apply them to subjects ab initio, which is a Fourth Amendment concern. Reviewing... https://escholarship.org/uc/item/5gj837r0 Mon, 20 Sep 2021 00:00:00 +0000 McCoy, Candace Katzman, Jacqueline https://escholarship.org/uc/item/4zp699zz Police unions are part of the problem in American policing. Could police unions also be part of the solution? This Comment begins by putting into practice the dialectic we must achieve at a societal level by detailing the ways in which police and Black Americans have been positioned to be in conflict from the seventeenth century to the present, and by discussing the formation of police unions. American society needs truth-telling about the history and present context that drives police officers into deadly conflict with Black Americans to heal, trust, and effectuate a more perfect system for public safety. This Comment wrestles with the need to understand several truths at once: that police organized into unions in part to protect the rank-and-file from managerial abuse; that the American policing system is in many ways designed and implemented against Black&nbsp;Americans; that police unions organized in the Civil Rights Era to protect police officers from discipline for following... https://escholarship.org/uc/item/4zp699zz Mon, 20 Sep 2021 00:00:00 +0000 Hatfield, Michelle M.K. https://escholarship.org/uc/item/4rs9d6bc Front Matter https://escholarship.org/uc/item/4rs9d6bc Mon, 20 Sep 2021 00:00:00 +0000 Editors, Editors https://escholarship.org/uc/item/36n093bj This Comment considers a previously unexamined, and particularly vile, consequence of the movement towards consumer arbitration clauses: their impact on incarcerated people and their families. Incarceration is physically, emotionally, and financially ruinous for both the incarcerated and for families who are routinely forced to subsidize their loved one’s incarceration through paying for things like phone calls and basic needs that prisons fail to meet. The burden on families has only increased as governments have contracted various aspects of correctional systems out to private companies that charge exorbitant prices for basic services, knowing full well that consumers have no choice but to comply if they want to provide for and stay connected to incarcerated loved ones. This system would be inhumane enough without the added element of forced arbitration. This Comment hopes to shine a light on how mandatory arbitration clauses make an already exploitative situation all the worse.... https://escholarship.org/uc/item/36n093bj Mon, 20 Sep 2021 00:00:00 +0000 Bennett, Grace https://escholarship.org/uc/item/1vc7w0mw The United States Constitution guarantees all citizens the same basic rights and privileges; however, citizens with criminal convictions are subject to a number of regulatory restrictions on fundamental rights (such as disenfranchisement, ineligibility for public housing and benefits, employment discrimination, etc.) regardless of the seriousness of the offense. These restrictions are called collateral consequences, and they effectively relegate citizens with criminal convictions to a state of second-class citizenship. The U.S. Supreme Court has published several opinions construing Section 2 of the Thirteenth Amendment, also known as the Enabling Clause, as not only abolishing slavery but also empowering Congress to eradicate all badges and incidents of slavery. However,&nbsp;the U.S. Supreme Court has provided little guidance on what constitutes the badges and incidents of slavery, and Congress has scarcely used its authority under the Enabling Clause. The countless collateral... https://escholarship.org/uc/item/1vc7w0mw Mon, 20 Sep 2021 00:00:00 +0000 Hill, Justin J. https://escholarship.org/uc/item/0tw4h5qp One of the flaws in the operation of the criminal justice system is not only the failure to be attentive to cost, but an arrogance that somehow you can never put a price on justice. Even if incarceration provides significant benefits, the sober realization that it comes at a significant cost has been long missing from judge and jury decisionmaking. https://escholarship.org/uc/item/0tw4h5qp Mon, 20 Sep 2021 00:00:00 +0000 Conklin, Michael