Criminal Justice

Invoking visions of “American carnage,” President Trump has called for a law and order agenda that would undermine efforts to achieve justice, security, and equality in the criminal system.

Announcing Our New Podcast: "Versus Trump"

4/20/17  //  Latest Developments

Take Care is pleased to announce the release of "Versus Trump," a new, affiliated podcast about the ways that the Trump Administration is breaking the law—and what people are doing about it.

Take Care

The Trump Administration May Already Have What It Needs for a Serviceable (and Unconstitutional) “Muslim Registry”

4/19/17  //  In-Depth Analysis

The Trump Administration may already have the tools it would need to predict with high accuracy the religious identity of a significant percentage of U.S. citizens and visiting Muslims. And software engineers, not lawyers, may be our first line of alarm and defense.

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

This week, Attorney General Jeff Sessions ushered in the "Trump Era," heralding increased enforcement of immigration offenses. The Department of Homeland Security has resurrected programs deputizing state and local police to enforce immigration laws. And Nikolas Bowie, writing for Take Care, argues that the internal review of Civil Rights Division consent decrees threatens its value as an unbiased source.

Information Wars Part II: Undermining Our Understanding of Police Practices

4/14/17  //  Commentary

As part of the Trump administration's war on information, the administration has started to roll back federal investigations into police violence and criminal justice.

Leah Litman

U.C. Irvine School of Law

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

This week, the Department of Justice ordered a nationwide review of consent decrees implemented to curb civil rights abuses. State governors are poised to fight back against Attorney General Jeff Sessions's federal marijuana policy. And a decline in incarceration rates is threatened by the Trump Presidency.

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

Private prisons have newfound influence in the White House and have benefitted from the Trump Administration's Justice Department policy reversal.

Constitutional Hurdles for Concealed Carry Reciprocity

3/16/17  //  In-Depth Analysis

President Trump favors federal legislation requiring states to recognize concealed carry licenses issued by other states. But that policy rests on shaky constitutional foundations.

Joseph Blocher

Duke Law School

What Happened on United Is Terrible, But What’s Going to Happen Everywhere Is Worse

4/11/17  //  Quick Reactions

The video of the United flight reveals more than just what happened. It also shows why DOJ oversight is so important.

Nikolas Bowie

Harvard Law School

Criminal Justice Reform and Disability – The Overlooked Opportunity

4/12/17  //  Commentary

Criminal justice agencies have become part of our communities' mental health services systems. They need to abide by the disability rights laws that govern mental health services

Eve Hill

Brown Goldstein & Levy

Embracing Federalism

3/16/17  //  Commentary

It is time for progressives to embrace federalism and to use Supreme Court precedents protecting states’ rights to fight against Trump administration policies

Erwin Chemerinsky

U.C. Irvine School of Law

DOJ Begins to Turn Its Back on Policing Reform

4/4/17  //  Quick Reactions

AG Sessions’s eleventh-hour effort to avoid a consent decree in Baltimore is indefensible and unmistakably political. The court should not allow it.

Chiraag Bains

Harvard Law School

Information Wars Part I: The Challenge To The Census

4/13/17  //  Commentary

The Trump administration has enacted several policies to conceal, subvert, or manipulate information. It has retracted a proposal to add LGBTQ identification to the U.S. census and eliminated LGBTQ identification from HHS surveys. These policies and others attempt to deny the existence of a problem by disappearing the (inconvenient) facts.

Leah Litman

U.C. Irvine School of Law

Why Jeff Sessions’s Reversal on Private Prisons Is Dangerous

3/23/17  //  Commentary

The Attorney General’s embrace of private prisons is a victory for the industry, but it threatens the safety of correctional officers and prisoners.

Chiraag Bains

Harvard Law School

Reinvigorating Civil Rights in the Era of Trump

4/13/17  //  Commentary

Given the nativist overtones of his campaign and his administration’s signature policies — from the Muslim ban to an immigration crackdown that equates being a foreign-born minority with criminality — Trump has exploded the fiction that we live in a post-racial society.

Chiraag Bains

Harvard Law School

Trump’s Approach to Crime & Punishment

3/16/17  //  Commentary

The president has continued existing policies, but also signaled a misplaced (and dangerous) reliance on immigration enforcement and incarceration to protect the public.

Chiraag Bains

Harvard Law School