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March 1, 2021

Great and distinctive accounting of a modern evidence-based criminal law reform agenda

Jon Gould and Pamela Metzger have this interesting and important new Hill commentary headlined "Evidence-based paths toward criminal justice reform." I recommend the full piece, and here is how it gets started:

As recent events at the Capitol make clear, criminal legal reform is a moral and civic imperative for the new Biden administration.  President Joe Biden ran, in part, on a promise of reducing the United States’ outsized reliance on incarceration, correctional supervision and fines and fees and committed himself to addressing systemic racism in the criminal system.  Recent events have only increased the urgency for smart, compassionate criminal legal reforms that are based on empirical evidence, rather than on instinct or past practice.

Evidence-based criminal law reform — which draws on lessons learned from medicine and other disciplines — advocates policies driven by the results of research, rather than by anecdote or collective assumptions.  Evidence-based reform is widely known in corrections policy and police investigations and new research has led recent reforms of bail, sentencing and the death penalty.

But if the Biden administration wants to truly move the needle, it must direct its attention to widespread reform opportunities in venues that have often been overlooked.  We suggest that the Biden justice agenda include a focus on research and evidence-based reform in three key areas: prosecutorial charging discretion, participatory defense efforts and the needs of small, tribal and rural, or STAR, communities.

March 1, 2021 at 10:13 AM | Permalink


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