The Justice Reinvestment Act: An Opportunity for Change and Progress in Maryland

by Sophie Breene

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Image available here.

On May 19, 2016, Governor Larry Hogan signed the Justice Reinvestment Act (JRA) into law, making Maryland the 26th state to pass some form of justice reinvestment legislation in the past ten years.[1] Beginning in October 2017, incarcerated individuals can petition the courts to start putting the law’s provisions into action.[2] The law came to pass after several rounds of bipartisan negotiations, and thus critics on both sides of the political spectrum argue that JRA does too much or not enough for criminal reform.[3] Despite its limitations, the new law will help to curb the cycle of incarceration that disproportionately hurts people living in poverty.

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Backlash Against Proposition 47: Why the Criticism of California’s Criminal Justice Reform is Misguided

by Michael Waxman

In 2014, criminal justice reform advocates proclaimed the ballot initiative Proposition 47 a historic step toward transforming California’s beleaguered criminal justice system.[1] But in the years since, media outlets and law enforcement groups are lashing back at the law for increasing crime rates. However, this criticism is largely unfounded because there is little evidence that Prop. 47 has had a causal impact on crime. Moreover, critics have overlooked the law’s potential benefits from investing millions of dollars in treatment and services for low-income communities. Ultimately, Prop. 47’s success or failure in rehabilitating California’s justice system and revitalizing low-income communities will likely have major political and policy implications for criminal justice and poverty reform efforts at the local, state, and national level.

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In Memoriam: E. Clinton Bamberger Jr. (1926-2017)

by Brendan Kearney

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From left to right: Clinton Bamberger, Author’s sister, Author’s mother. Photo provided by Author.

Growing up in Baltimore, I attended Corpus Christi, a liberal outpost of the Catholic Church led during my childhood by a nun and then by a former Federal Communications Commission lawyer turned priest. After Mass, my mom would chat with other parishioners, and one of her favorites was a kindly older gentleman named Clinton Bamberger L’51. I liked him, too: he had an easy manner, spoke slowly and deeply, and one day, taught me a “secret” handshake, my memory of which he tested each time we crossed paths. I’m not sure where it came from, but the sequential combination of handholds and gestures made me feel like I had a special bond with an important man.

Over the years, my mom told me about things Mr. Bamberger had done, like help run the Legal Services Corporation and travel the world teaching law. I remember Mr. Bamberger himself telling me about his time at Piper & Marbury, when it was only a dozen or so lawyers, a far cry from the international behemoth DLA Piper is today. I came to understand that Mr. Bamberger had lived a full and admirable life. But I didn’t grasp the full measure of it until he died last month.

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How a Billionaire President Could Impact the Working Class

by Desiree Tims

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President Donald Trump Official Photo, available here

On November 8, 2016, the United States elected its forty-fifth President of the United States.[1] The historic presidential election of Republican Nominee, Donald J. Trump, who is a real-estate billionaire, sparked a national debate between those who support and oppose him due to his divisive campaign rhetoric and political inexperience.[2]

Polling data revealed that Trump received an overwhelming amount of support from working-class white voters.[3] Trump’s thematic “Make America Great Again” slogan was followed by his campaign promises to reinforce law and order, restrict immigration and reduce taxes.[4] Trump has many working-class supporters—some who yearn for the return of high-paying hourly factory jobs—as well as high-income supporters who deeply desire a change to the federal tax code.[5] Furthermore, Trump’s self-declaration as the “law and order candidate” has fueled the debate on criminal justice reform, racial disparities, and equitable application of law.[6]

President-elect Trump’s impact on working-class Americans remains to be seen, but here are three issues that could come to bear during his time in office:

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What Go Set a Watchman Can Teach Us

by Claire Chevrier

Trayvon Martin was killed by a man with multiple gun-related arrests who now makes his living painting Confederate flags.[1]  Mike Brown was shot by a police officer for allegedly stealing a box of cigarillos.[2]  Eric Garner was killed in front of all of us for selling loose cigarettes.[3]  Sandra Bland died in jail after a routine traffic stop.[4] Corey Jones was killed by a plain-clothed, rookie police officer who shot him while he was pulled over with car trouble.[5]  And Barack Obama is our president, perhaps creating a false collective “one Black friend,” thereby allowing implicit biases to bubble up where they were previously suppressed.

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Fighting Modern Day Debtors’ Prisons in the American Justice System

by Johanna Schmidt

Long lasting principles in the American criminal justice system require that it be sensitive to the needs and treatment of people who are indigent.[1]  This sensitivity encompasses all aspects of trials, including access to counsel on direct appeal,[2] transcripts, and court records.[3]

Most importantly, the Supreme Court has continually affirmed that people who are indigent must be fined differently from their wealthy peers. In Tate v. Short, the Court held that “the Constitution prohibits the State from imposing a fine as a sentence and then automatically converting it into a jail term solely because the defendant is indigent and cannot forthwith pay the fine in full.”[4]  Continue reading