Report: “Diverted into Deportation: The Immigration Consequences of Diversion Programs in Maryland,”American University Washington College of Law Immigrant Justice Clinic & American Civil Liberties Union of Maryland (2016). [w/tables and charts]
Article: Neil L. Sobol, “Lessons Learned from Ferguson: Ending Abusive Collection of Criminal Justice Debt,” 15 U. Md. L.J. Race Relig. Gender & Class 293 (2015).
On March 4, 2015, the Department of Justice released its scathing report of the Ferguson Police Department calling for “an entire reorientation of law enforcement in Ferguson” and demanding that Ferguson “replace revenue-driven policing with a system grounded in the principles of community policing and police legitimacy, in which people are equally protected and treated with compassion, regardless of race.” Unfortunately, abusive collection of criminal justice debt is not limited to Ferguson. This Article, prepared for a discussion group at the Southeastern Association of Law Schools conference in July 2015, identifies the key findings in the Department of Justice’s report and discusses the major points to be learned from the allegations in Ferguson. The lessons learned from Ferguson should be a guide to other municipalities that are or may be on the brink of developing similar abusive collection practices.
New Article: Jason P. Nance, “Over-Disciplining Students, Racial Bias, and the School-to-Prison Pipeline,” 50 Richmond L. Rev. 1063 (2016).
Over the last three decades, our nation has witnessed a dramatic change regarding how schools discipline children. Empirical evidence during this time period demonstrates that schools increasingly have relied on extreme forms of punishment such as suspensions, expulsions, referrals to law enforcement, and school-based arrests to discipline students for violations of school rules, including for low-level offenses. Many have referred to this disturbing trend of schools directly referring students to law enforcement or creating conditions under which students are more likely to become involved in the justice system — such as suspending or expelling them — as the “school-to-prison pipeline.” Perhaps the most alarming aspect of over-disciplining students and of the school-to-prison pipeline generally is that not all racial groups are affected equally by these negative trends. This short symposium essay describes the observed racial disparities associated with disciplining students. It then discusses the concept of implicit racial bias, which appears to be one of the causes of these racial disparities. Finally, it describes the role that national and state government entities, including the U.S. Department of Education and state departments of education, can play in forming a comprehensive strategy to address the implicit racial biases of educators.
Article: Laura A. Appleman, “Nickel and Dimed into Incarceration: Cash-Register Justice in the Criminal System,” 57 B.C. L. Rev. (forthcoming 2016).
Criminal justice debt has aggressively metastasized throughout the criminal system. A bewildering array of fees, fines, court costs, non-payment penalties, and high interest rates have turned criminal process into a booming revenue center for state courts and corrections. As criminal justice administrative costs have skyrocketed, the burden to fund the system has fallen largely on the system’s users, primarily poor or indigent, who often cannot pay their burden. Unpaid criminal justice debt often leads to actual incarceration or substantial punitive fines, which turns rapidly into “punishment.” Such punishment at the hands of a court, bureaucracy, or private entity compromises the Sixth Amendment right to have all punishment imposed by a jury. This Article explores the netherworld of criminal justice debt and analyzes implications for the Sixth Amendment jury trial right, offering a new way to attack the problem. The specter of “cash-register justice,” which overwhelmingly affects the poor and dispossessed, perpetuates hidden inequities within the criminal justice system. I offer solutions rooted in Sixth Amendment jurisprudence.
Here: Marc-Tizoc González, Recognizing Disgust, Repudiating Exile, JOTWELL (October 25, 2016) (reviewing Sara K. Rankin, The Influence of Exile, 76 Md. L. Rev. (forthcoming 2016), available at SSRN), http://lex.jotwell.com/recognizing-disgust-repudiating-exile/.
News Article: Editorial Board, “The Injustice of Making Kids Pay,” New York Times, Sept. 5, 2016.
News Coverage: Erik Eckholm, Court Costs Entrap Nonwhite, Poor Juvenile Offenders, New York Times, Aug. 31, 2016.
News Coverage: Bryce Covert, Judges Across The Country Are Shaking Down Poor People, Think Progress, Aug. 24, 2016 [extended article on court fees].