Arrests are more than the point of entry into the criminal justice system. They also drive a
host of other decisions. A number of actors outside the criminal justice system, such as …

Inside and outside of the sphere of immigration law, liminal legal statuses are proliferating.
These legal categories function simultaneously as a means to effectuate administrative …

Budget constraints, bipartisan desire to address mass incarceration, and the COVID-19
crisis in prisons have triggered state and federal officials to seek alternatives to …

Today, the consequences of having a criminal record can far outstrip any penalty imposed
by criminal law. 1 Consider the case of Andre Venant, a longtime lawful permanent resident …

As courts and legislatures increasingly recognize that" digital is different" and attempt to limit
government surveillance of private data, one group is conspicuously excluded from this new …

Millions of criminal defendants, most of them indigent, are convicted of misdemeanor
offenses every year. Many are constitutionally entitled to free legal counsel, yet in practice …

Plea bargaining and guilty pleas are intrinsically incompatible with the most commonly-
accepted substantive and procedural premises of American criminal justice: Plea bargaining …

To what extent can a judge deprive someone of fundamental constitutional rights as
punishment for a crime and in lieu of prison? The question is not merely theoretical. For the …

The shadow of criminal law looms large over the US labor market. A criminal record sharply
decreases a job applicant's likelihood of gaining employment, and employers' refusal to hire …

Current due process law gives little protection to prisoners at the point of parole, even
though the parole decision, like sentencing, determines whether or not a person will serve …