Criminal Procedure and Mass Incarceration

Catalog description

Mass incarceration remains a seemingly intractable problem despite reform efforts from both the right and the left. The Bill of Rights, seen by many as a bulwark protection for criminal defendants, has done little to rein in our enormous carceral state. This seminar will explore the root causes of mass incarceration through the lens of criminal procedure. The course starts from the premise that mass incarceration is a deeply entrenched problem in our society, and that reform is a moral and practical imperative. The seminar will examine the various ways in which procedural rights have been formally granted and then, often informally, taken away. It will critically inquire whether the constitution can protect criminal defendants and will look to alternative solutions. We will look at racial and economic inequalities both historical and contemporary and question the ways in which entrenched biases have contributed and continue to contribute to the incarceration of the poor and people of color. And we will examine the agents of the criminal justice system, including police, prosecutors, and defense attorneys, with an eye toward how they have contributed to the problematic system that we have inherited. This is not a lecture course. Students will be responsible for leading and contributing to the discussion every week. I expect students to analyze with a critical eye both the aspects of the criminal justice system that we will study, and the materials that we will read.