Analyzing the risk

Angela K. Evans

November 05, 2020 |

Boulder Weekly |

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1500-3000 Words

Response Location: United States, Boulder County, Colorado

The Colorado Pretrial Assessment Tool uses a formula to weigh the risk of releasing someone from jail while they await trial. While prosecutors say the tool is better than nothing, critics, backed by a study of the tool's effects, say it disproportionately harms people of color and people experiencing homelessness. Risk assessment algorithms consider a number of facts about a defendant's past and present to predict whether they can leave jail without committing new crimes or failing to make court appearances. But because they penalize already-overpoliced populations, they are not considered objective.

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Biden embraces drug courts, but do they actually work?

Dan Adams

November 02, 2020 |

The Boston Globe |

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800-1500 Words

Response Location: United States

Drug courts can help some people with serious drug problems who face serious criminal charges, if such court programs are run carefully, based on evidence-based approaches. But, too often, such courts – which push criminal defendants into treatment as an alternative to incarceration – can do more harm than good. The proof of drug courts' effectiveness is mixed, and fairly thin. Thousands of such courts exist, based on widespread political support for an approach seen as less punitive. But many critics say the courts' track record overall is weak and their approach can be just another form of punishment.

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The cycle of punitive justice starts in schools. Eric Butler is showing kids and teachers how to break it.

Adam Hochschild

November 01, 2020 |

Mother Jones |

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Over 3000 Words

Response Location: United States, Selma, Alabama

Hundreds of schools nationwide use restorative justice to respond to student disciplinary problems differently. In place of police, arrests, and suspensions, restorative practices emphasize conflict mediation through dialogue, asking how to hold people accountable without necessarily punishing them. Such programs have helped reduce suspensions and referrals to criminal or juvenile courts markedly, and reduced racial disparities. This story follows one man, a formerly incarcerated murder victim's brother, as he takes on the difficult task of introducing restorative practices to punishment-minded schools.

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Two years in, Maryland leads most other states in use of ‘red flag' gun law

Ben Leonard

October 23, 2020 |

The Baltimore Sun |

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1500-3000 Words

Response Location: United States, Maryland

Two years after Maryland adopted a law allowing for court orders denying gun access to people at high risk of harming themselves or others, police and the public have invoked the law far more often than in most states with similar laws. It is difficult to prove that domestic-violence assaults or suicides have been prevented. But advocates and law enforcement officials say they have seen that effect. Research has documented that extreme-risk protection orders, as such laws are known, can prevent suicides. Credit for the law's use goes to police training and 24/7 court access for emergency hearings.

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San Juan County expands in-person voting on the Navajo Nation during the pandemic

Zak Podmore

October 18, 2020 |

The Salt Lake Tribune |

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1500-3000 Words

Response Location: Navajo Nation, United States, Utah

A legal settlement in Utah expanded access to voting on Navajo Nations and influenced similar settlements in Arizona. All registered voters receive a mail-in ballot, but counties also offer early voting and election-day polling locations, where Navajo translators are available. Counties run bilingual radio, print, and social media ads to inform residents about their voting options. The hybrid in-person and mail-in system boosted turnout of active voters in San Juan County’s 2018 election by 10 percentage points from 2014, when the lawsuit was filed because the county closed in-person polling places.

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A Special Court Keeping Native Americans Out of Jail

Lisa Bartfai

October 12, 2020 |

70 Million |

Podcast |

Over 15 Minutes

Response Location: United States, Penobscot Indian Island Reservation, Maine

The Penobscot Nation's Healing to Wellness Court is a drug court, diverting people charged with drug offenses from possible fines and jail into therapy. But it has an added cultural element, providing traditional healing approaches alongside mainstream behavioral therapy. The cultural piece recognizes that Native Americans' historical trauma and disconnect from their culture can contribute to the problems that lead to addiction. The court is far less expensive than jail or prison, and its participants have not been jailed for failing treatment in more than two years.

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A Broken Bond: How New York Judges are Getting Around Bail Reform

Akash V. Mehta

October 12, 2020 |

New York Focus |

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1500-3000 Words

Response Location: United States, New York, New York

A key part of New York state's bail system reform legislation gave judges the ability to use alternative forms of bail designed to be more affordable to more people. But, by giving judges broad discretion, the law left large loopholes that judges have used to undercut the law's purpose. In addition to the two standard forms of bail – payment in cash or a nonrefundable fee to a bail bonds company – the law allowed for cost-free or refundable-deposit bonds that judges either have avoided using or have turned into a new costly obligation, leaving thousands to sit in jail pending trial.

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The Obama Justice Department Had a Plan to Hold Police Accountable for Abuses. The Trump DOJ Has Undermined It.

Robert Faturechi

September 29, 2020 |

ProPublica |

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1500-3000 Words

Response Location: United States

One of the most powerful tools used to reform policing practices, widely credited with restoring public faith in such troubled departments as the Los Angeles Police Department, is called a consent decree. The U.S. Justice Department sues cities where police abuses are seen as rampant. Then, under the watchful eye of a judge and independent monitor, the department agrees to a package of reforms. Under the Trump Justice Department, though, the tool has gone unused in new cases. In existing cases, the government has become passive, allowing cities to flout their agreements without consequence.

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Pa. Supreme Court halts Philly criminal trials streamed on YouTube over possible harassment

Vinny Vella

September 17, 2020 |

The Philadelphia Inquirer (Philadelphia Media Network) |

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Under 800 Words

Response Location: United States, Philadelphia, Pennsylvania

Philadelphia criminal trials were broadcast live on a public YouTube channel to provide for public access to the courts during the pandemic shutdown, but the practice was halted over a complaint by prosecutors that this means of public access created opportunities for harassment and intimidation of victims, witnesses, and defendants. Responding to an emergency petition by the Philadelphia district attorney, the state Supreme Court halted the YouTube broadcasts. Prosecutors said they will explore alternatives including private Zoom calls and closed-circuit feeds.

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Iowa prison population drops to 20-year low

Erin Jordan

September 14, 2020 |

Quad-City Times |

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800-1500 Words

Response Location: United States, Iowa

COVID-19 outbreaks in Iowa prisons have been contained through extensive testing, quarantines, and reductions in prison crowding. The state's prison population hit a 20-year low, down 13% from early April, because of accelerated parole hearings and reductions in new admissions. The state courts' slowdown and the prisons' temporary suspension in new admissions contributed to the population decrease. Since March, four people incarcerated in Iowa prisons have died of the virus while 833 have tested positive. An additional 126 staff have tested positive.

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