In light of the killing of Michael Brown in Ferguson, Mo., should “use of deadly force to arrest” laws be changed? The authors recommend that state statutes be amended to employ an “objective necessity” test in cases involving “deadly force” arrests. This proposed standard would empower grand juries and petit juries to determine if an officer committed a crime — regardless of the officer’s subjective belief that the use of deadly force was necessary.

Pretrial risk assessment tools have emerged as the favored reform in the movement to lower pretrial jailing and limit the abuses of money bail. Critics have voiced concern, however, over the threat that risk assessments perpetuate racial bias inherent in the criminal justice system. When a risk assessment tool recommends that a client be detained or released with conditions — particularly a client of color — lawyers must be prepared to point out the tool’s limitations and biases.

Promoted as a method to combat inherent bias in the criminal justice system, risk assessment instruments are being adopted around the country at the pretrial and parole phases. While advocates claim that risk assessment algorithms can reduce the impact of bias in the criminal justice system, opponents caution otherwise.

The deaths of unarmed suspects have led to claims of excessive police force and proposals for grand jury reform. North Carolina lawyer J. Michael McGuinness states, however, that people calling for reform are using emotion “to attempt to eradicate long-settled law that strikes a balance between the rights of police officers and suspects.” He adds that due to the proliferation of guns and the necessity of quick police action, some innocent members of the public will inevitably be killed or injured by the police, especially when they make gestures inferring that they are retrieving a weapon.

Several studies show that prosecutorial misconduct is not an outlier. It is rare, however, for a prosecutor to be held accountable for misconduct.

Minorities Still Burdened With Mandatory Minimum Sentences (Informal Opinion)

I admire journalist Ida B. Wells because she was a fighter. The goal she fought for – fair trials – is what criminal defense lawyers fight for every day when standing alongside the accused.

A dubious traffic stop of a young man in Vermont provided a unique opportunity for NACDL to further its mission to redress systemic racism in the criminal justice system. In February 2018, NACDL submitted an amicus brief in the Vermont Supreme Court urging the court to find an implied right of action under Article 11 of the Vermont Constitution to permit an action against the State for damages and declaratory relief to challenge an unlawful stop based on racial bias.

Nazgol Ghandnoosh presents a framework for understanding the sources of racial disparity in the criminal justice system and suggests actions that defense attorneys can take to address the problem. In addition, she identifies the mechanisms through which criminal justice policies and practices have disadvantaged people of color, and highlights efforts to reverse these trends.

Some state appellate courts have ignored Batson v. Kentucky. For example, in over 100 cases raising the Batson issue, appellate courts in North Carolina have never reversed a case because of discrimination against a minority juror. However, appellate courts in Washington, California, Iowa, and the District of Columbia have shown a willingness to change course. While the record will rarely contain direct evidence of purposeful discrimination, state appellate courts should consider carefully the proper application of Batson in light of the changing nature of racial bias.

Through programs, policy initiatives and publications, NACDL has embraced the challenge to confront racism in the criminal justice system. These efforts are designed not only to expose the problem, but also to equip advocates who are on the front lines in the nation’s criminal courts.

A police officer who is fired for disciplinary reasons in one jurisdiction can be hired by a police department in another jurisdiction. A substantial part of the problem lies in the lack of uniform tracking and transparency across jurisdictions and states.

From the halls of elite law schools to partnerships at large law firms, access to corridors of wealth and power has proven elusive for African Americans. Lack of diversity in the profession demands that we hold ourselves accountable.

Even as the United States comes to terms with the true motives of the government’s past policy regarding marijuana and even as some states undertake campaigns to legalize, racism still influences the policing of marijuana.

Criminal defense lawyers should demonstrate disparate impact and confront racism at every stage of the criminal justice process.