Reforming Criminal Justice
A Report by the Academy for Justice
Reforming Criminal Justice is a four-volume report meant to enlighten reform efforts in the United States with the research and analysis of leading academics. Broken down into individual chapters—each authored by a top scholar in the relevant field—the report covers dozens of topics within the areas of criminalization, policing, pretrial and trial processes, punishment, incarceration, and release. The chapters seek to enhance both professional and public understanding of the subject matter, to facilitate an appreciation of the relevant scholarly literature and the need for reform, and to offer potential solutions. The ultimate goal is to increase the likelihood of success when worthwhile reforms are debated, put to a vote or otherwise considered for action, and implemented in the criminal justice system.
In this way, Reforming Criminal Justice hopes to bridge the gap between scholarship on the books and legal reform on the ground. The report is the culmination of a yearlong collaboration by the Academy for Justice, a loose-knit coalition of dozens of criminal justice scholars. The group’s title carries two meanings: [1] the work-product is from the “academy” (i.e., the professoriate) in its attempt to contribute to criminal justice reform; and [2] the endeavor might lead to the creation of an “academy” (i.e., a real or virtual institution) concerned with justice issues. Although the Academy for Justice may well become a platform for future projects, for now at least, it is simply a vehicle for the report.
This project was made possible by a generous grant from the Charles Koch Foundation (CKF), and by support from Arizona State University (ASU) and the Sandra Day O’Connor College of Law (ASU Law). CKF is a non-profit organization, and ASU and ASU Law are non-profit public institutions of higher education. The Academy for Justice is a non-profit academic coalition, and Reforming Criminal Justice is a non-commercial, non-partisan report. The grantors and institutional grantees had no editorial input or control over the report and its contents, and they were not involved in the selection of authors and project participants.
Erik Luna
Amelia D. Lewis Professor of Constitutional & Criminal Law
Sandra Day O’Connor College of Law
Arizona State University
Download Volume 1 To view each chapter, click on the links below. Preface
Erik Luna, Amelia D. Lewis Professor of Constitutional & Criminal Law, Arizona State University
Volume 1 Table of Contents Criminal Justice Reform: An Introduction
Clint Bolick, Justice, Supreme Court of Arizona, and Research Fellow at the Hoover Institution
The Changing Politics of Crime and the Future of Mass Incarceration
David Cole, Hon. George J. Mitchell Professor in Law and Public Policy, Georgetown University, and National Legal Director for the American Civil Liberties Union
Douglas Husak, Distinguished Professor of Philosophy, Rutgers University
Stephen F. Smith, Professor of Law, University of Notre Dame
Alexandra Natapoff, Professor of Law, University of California, Irvine
Jeffrey A. Miron, Senior Lecturer and Director of Undergraduate Studies in the Department of Economics, Harvard University, and Director of Economic Studies, Cato Institute
Alex Kreit, Professor of Law and Co-Director of the Center for Criminal Law and Policy, Thomas Jefferson School of Law
Robert Weisberg, Edwin E. Huddleson, Jr. Professor of Law and Faculty Director of the Stanford Criminal Justice Center, Stanford University
Franklin E. Zimring, William G. Simon Professor of Law and Director of the Criminal Justice Research Program, University of California, Berkeley
Scott H. Decker, Foundation Professor of Criminology & Criminal Justice and Director of the Center for Public Criminology, Arizona State University
Jennifer M. Chacón, Professor of Law, University of California, Irvine
Julie Rose O’Sullivan, Professor of Law, Georgetown University Law Center
Mental Disorder and Criminal Justice
Stephen J. Morse, Ferdinand Wakeman Hubbell Professor of Law, Professor of Psychology and Law in Psychiatry, and Associate Director of the Center for Neuroscience and Society, University of Pennsylvania
Barry C. Feld, Centennial Professor of Law Emeritus, University of Minnesota
Download Volume 2 To view each chapter, click on the links below. Editor’s Note
Erik Luna, Amelia D. Lewis Professor of Constitutional & Criminal Law, Arizona State University
Volume 2 Table of Contents Democratic Accountability and Policing
Maria Ponomarenko, Adjunct Professor of Law and Deputy Director of the Policing Project, New York University
Barry Friedman, Jacob D. Fuchsberg Professor of Law, Affiliated Professor of Politics, and Director of the Policing Project, New York University
Legal Remedies for Police Misconduct
Rachel A. Harmon, F.D.G. Ribble Professor of Law, University of Virginia
Henry F. Fradella, Professor of Criminology and Associate Director of the School of Criminology and Criminal Justice, Arizona State University
Michael D. White, Professor of Criminology and Associate Director of the Center for Violence Prevention and Community Safety, Arizona State University
Jeffrey Fagan, Isidor & Seville Sulzbacher Professor of Law and Professor of Epidemiology, Columbia University
David A. Harris, Professor of Law and John E. Murray Faculty Scholar, University of Pittsburgh
Devon W. Carbado, The Honorable Harry Pregerson Professor of Law and Associate Vice Chancellor, BruinX, the Office of Equity, Diversity, and Inclusion, University of California, Los Angeles
L. Song Richardson, Interim Dean and Professor of Law, University of California, Irvine
Policing, Databases, and Surveillance
Christopher Slobogin, Milton Underwood Professor of Law, Affiliate Professor of Psychiatry, and Director of the Criminal Justice Program, Vanderbilt University
Richard A. Leo, Hamill Family Professor of Law and Psychology, University of San Francisco
Gary L. Wells, Professor of Psychology, Distinguished Professor of Liberal Arts and Sciences, and Wendy & Mark Stavish Chair in Social Sciences, Iowa State University
Daniel Richman, Paul J. Kellner Professor of Law, Columbia University
Download Volume 3 To view each chapter, click on the links below. Editor’s Note
Erik Luna, Amelia D. Lewis Professor of Constitutional & Criminal Law, Arizona State University
Volume 3 Table of Contents Grand Jury
Roger A. Fairfax, Jr., Jeffrey & Martha Kohn Senior Associate Dean for Academic Affairs and Research Professor of Law, George Washington University
Megan Stevenson, Assistant Professor of Law, George Mason University
Sandra G. Mayson, Assistant Professor of Law, University of Georgia
Prosecutor Institutions and Incentives
Ronald F. Wright, Needham Y. Gulley Professor of Criminal Law, Wake Forest University
Jenia I. Turner, Amy Abboud Ware Centennial Professor in Criminal Law, Southern Methodist University
John F. Pfaff, Professor of Law, Fordham University
Defense Counsel and Public Defense
Eve Brensike Primus, Professor of Law, University of Michigan
Darryl K. Brown, O.M. Vicars Professor of Law, University of Virginia
Erin Murphy, Professor of Law, New York University
Actual Innocence and Wrongful Convictions
Brandon L. Garrett, Justice Thurgood Marshall Distinguished Professor of Law and White Burkett Miller Professor of Law and Public Affairs, University of Virginia
Paul Butler, Albert Brick Professor in Law, Georgetown University
Paul G. Cassell, Ronald N. Boyce Presidential Professor of Criminal Law and University Distinguished Professor of Law, University of Utah
Nancy J. King, Lee S. & Charles A. Speir Professor of Law, Vanderbilt University
Richard C. Boldt, T. Carroll Brown Professor of Law, University of Maryland
Download Volume 4 To view each chapter, click on the links below. Editor’s Note
Erik Luna, Amelia D. Lewis Professor of Constitutional & Criminal Law, Arizona State University
Volume 4 Table of Contents Retribution
Jeffrie G. Murphy, Regents’ Professor of Law, Philosophy, and Religious Studies, Arizona State University
Daniel S. Nagin, Teresa & H. John Heinz III University Professor of Public Policy and Statistics, Carnegie Mellon University
Shawn D. Bushway, Professor of Public Administration & Policy and Professor of Criminal Justice, University at Albany, State University of New York
Todd R. Clear, University Professor of Criminal Justice, Rutgers University
James Austin, President, JFA Institute
John Monahan, John S. Shannon Distinguished Professor of Law, Joel B. Piassick Research Professor of Law, Professor of Psychology, and Professor of Psychiatry and Neurobehavioral Sciences, University of Virginia
Douglas A. Berman, Robert J. Watkins/Procter & Gamble Professor of Law, The Ohio State University
Erik Luna, Amelia D. Lewis Professor of Constitutional & Criminal Law, Arizona State University
Carol S. Steiker, Henry J. Friendly Professor of Law and Faculty Co-Director of the Criminal Justice Policy Program, Harvard University
Jordan M. Steiker, Judge Robert M. Parker Endowed Chair in Law and Director of the Texas Capital Punishment Center, University of Texas
Cassia Spohn, Foundation Professor of Criminology and Director of the School of Criminology and Criminal Justice, Arizona State University
Michael Tonry, McKnight Presidential Professor in Criminal Law and Policy, University of Minnesota
Beth A. Colgan, Assistant Professor of Law, University of California, Los Angeles
Francis T. Cullen, Distinguished Research Professor Emeritus of Criminal Justice and Senior Research Associate, University of Cincinnati
Sharon Dolovich, Professor of Law and Director of the UCLA Prison Law and Policy Program, University of California, Los Angeles
Margo Schlanger, Wade H. and Dores M. McCree Collegiate Professor of Law, University of Michigan
Michael Millemann, Professor of Law, University of Maryland
Rebecca Bowman-Rivas, Law and Social Work Services Program Manager, University of Maryland
Elizabeth Smith, Forensic Social Work Fellow, University of Maryland
Susan Turner, Professor of Criminology, Law, and Society and Director of the Center for Evidence-Based Corrections, University of California, Irvine
Gabriel J. Chin, Edward L. Barrett Chair in Law and Martin Luther King, Jr. Professor of Law, University of California, Davis
Sex Offender Registration and Notification
Wayne A. Logan, Gary & Sallyn Pajcic Professor of Law, Florida State University
Mark Osler, Robert & Marion Short Distinguished Chair in Law, University of St. Thomas
Julius Kreeger Professor Emeritus of Law and Criminology, University of Chicago
José B. Ashford
Professor of Social Work and Sociology, Director of the Office of Offender Diversion and Sentencing Solutions, and Affiliate Professor of Criminology and Criminal Justice, Law and Behavioral Science, and Justice and Social Inquiry, Arizona State University
James Austin
President, JFA Institute
Centennial Distinguished Professor of Law, DePaul University
Lecturer in Law, Arizona State University
Douglas A. Berman
Robert J. Watkins/Procter & Gamble Professor of Law, The Ohio State University
Professor of Law, Professor of Criminology, and Director of the Supreme Court Clinic, University of Pennsylvania
SUNY Distinguished Professor of Law, Hodgson Russ Faculty Scholar, and Vice Dean for Research & Faculty Development, University of Buffalo
T. Carroll Brown Professor of Law, University of Maryland
Justice, Supreme Court of Arizona, and Research Fellow at the Hoover Institution
Harrison Foundation Professor of Medicine and Law, Class of 1941 Research Professor of Law, Professor of Psychiatry and Neurobehavioral Sciences, Professor of Public Policy, and Director of the Institute of Law, Psychiatry and Public Policy, University of Virginia
Law and Social Work Services Program Manager, University of Maryland
O.M. Vicars Professor of Law, University of Virginia
Shawn D. Bushway
Professor of Public Administration & Policy and Professor of Criminal Justice, University at Albany, State University of New York
Albert Brick Professor in Law, Georgetown University
The Honorable Harry Pregerson Professor of Law and Associate Vice Chancellor, BruinX, the Office of Equity, Diversity, and Inclusion, University of California, Los Angeles
Ronald N. Boyce Presidential Professor of Criminal Law and University Distinguished Professor of Law, University of Utah
Jennifer M. Chacón
Professor of Law, University of California, Irvine
Edward L. Barrett Chair in Law and Martin Luther King, Jr. Professor of Law, University of California, Davis
University Professor of Criminal Justice, Rutgers University
Hon. George J. Mitchell Professor in Law and Public Policy, Georgetown University, and National Legal Director for the American Civil Liberties Union
Assistant Professor of Law, University of California, Los Angeles
Francis T. Cullen
Distinguished Research Professor Emeritus of Criminal Justice and Senior Research Associate, University of Cincinnati
Assistant Professor of Economics, West Virginia University
Scott H. Decker
Foundation Professor of Criminology & Criminal Justice and Director of the Center for Public Criminology, Arizona State University
Arthur A. McGivney Professor of Law and Founding Director of the Neuroscience and Law Center, Fordham University School of Law
Professor of Law and Director of the UCLA Prison Law and Policy Program, University of California, Los Angeles
Cara H. Drinan
Professor of Law, The Catholic University of America
Donald A. Dripps
Warren Distinguished Professor of Law, University of San Diego
Class of 1975 Alumni Professor of Law and Director of the Transnational Law Institute, Washington and Lee University
Charles J. Merriam Distinguished Professor of Law and Affiliate Professor of Psychology Emeritus, Arizona State University, and Distinguished Affiliated Scholar, Center for the Study of Law and Society, University of California, Berkeley
Isidor & Seville Sulzbacher Professor of Law and Professor of Epidemiology, Columbia University
Roger A. Fairfax, Jr.
Jeffrey & Martha Kohn Senior Associate Dean for Academic Affairs and Research Professor of Law, George Washington University
Centennial Professor of Law Emeritus, University of Minnesota
Henry F. Fradella
Professor of Criminology and Associate Director of the School of Criminology and Criminal Justice, Arizona State University
Jacob D. Fuchsberg Professor of Law, Affiliated Professor of Politics, and Director of the Policing Project, New York University
Brandon L. Garrett
Justice Thurgood Marshall Distinguished Professor of Law and White Burkett Miller Professor of Law and Public Affairs, University of Virginia
Professor of Law, Cornell University
Professor of Law and Associate Dean for Research & Faculty Development, College of William & Mary
Professor of Law, University of Colorado
F.D.G. Ribble Professor of Law, University of Virginia
Professor of Law and John E. Murray Faculty Scholar, University of Pittsburgh
Associate Professor of Law, University of Detroit Mercy
Professor of Law, Wayne State University
Executive Director, Arizona Justice Project
Silas Horst
Public Policy Analyst, Koch Companies Public Sector, LLC
Douglas Husak
Distinguished Professor of Philosophy, Rutgers University
Professor of Law, University of California, Davis
Allison Kasic
Associate Director of Research, Charles Koch Foundation
Lee S. & Charles A. Speir Professor of Law, Vanderbilt University
Alice McKean Young Regents Chair in Law, University of Texas
Associate Professor of Law, University of Wisconsin, and Associate Reporter, Model Penal Code: Sentencing, American Law Institute
Associate Professor of Law, University of Arizona
Professor of Law and Co-Director of the Center for Criminal Law and Policy, Thomas Jefferson School of Law
Professor of Law and Director of the Transnational Program on Criminal Justice, University of California, Los Angeles
Professor of Law, University of Texas
Hamill Family Professor of Law and Psychology, University of San Francisco
Deputy Provost, Vice President for Academic Affairs, and Foundation Professor of Law and Political Science, Arizona State University
Distinguished Professor of Psychology and Social Behavior, and Professor of Law, University of California, Irvine
Gary & Sallyn Pajcic Professor of Law, Florida State University
Associate Professor of Justice and Social Inquiry, Arizona State University
Amelia D. Lewis Professor of Constitutional & Criminal Law, Arizona State University
Professor of Criminology, Arizona State University
Sandra G. Mayson
Assistant Professor of Law, University of Georgia
Bernard D. Meltzer Professor of Law, University of Chicago
Professor of Law and Criminal Justice, and Faculty Director of Professional Development, Northeastern University
Professor of Law, University of Maryland
Professor of Law and Leo J. O’Brien Fellow, Loyola Law School, Los Angeles
Dean and Ralph W. Bilby Professor of Law, University of Arizona
J.B. Stombock Professor of Law, Washington and Lee University, and Editor-in-Chief, German Law Journal
Senior Lecturer and Director of Undergraduate Studies in the Department of Economics, Harvard University, and Director of Economic Studies, Cato Institute
John S. Shannon Distinguished Professor of Law, Joel B. Piassick Research Professor of Law, Professor of Psychology, and Professor of Psychiatry and Neurobehavioral Sciences, University of Virginia
Ferdinand Wakeman Hubbell Professor of Law, Professor of Psychology and Law in Psychiatry, and Associate Director of the Center for Neuroscience & Society, University of Pennsylvania
Professor of Law, New York University
Regents’ Professor of Law, Philosophy, and Religious Studies, Arizona State University
Teresa & H. John Heinz III University Professor of Public Policy and Statistics, Carnegie Mellon University
Alexandra Natapoff
Professor of Law, University of California, Irvine
Assistant Professor of Psychology and Director of the Clinical and Legal Judgment Lab, Arizona State University
Professor of Law, Marquette University
Robert & Marion Short Distinguished Chair in Law, University of St. Thomas
Professor of Law, Georgetown University Law Center
Associate Dean of Faculty and Edward Brunet Professor of Law, Lewis & Clark Law School
Professor of Law, Fordham University
Gary R. Trombley Family White-Collar Crime Research Professor and Professor of Law, Stetson University
Adjunct Professor of Law and Deputy Director of the Policing Project, New York University
Professor of Law, University of Michigan
Professor Emerita of Justice & Social Inquiry, Arizona State University
Supervising Attorney of the Post-Conviction Clinic, Arizona State University
Associate Professor of Law, Texas A&M University
L. Song Richardson
Interim Dean and Professor of Law, University of California, Irvine
Paul J. Kellner Professor of Law, Columbia University
Colin S. Diver Professor of Law, University of Pennsylvania
Assistant Professor of Law, University of California, Berkeley
Regents’ Professor of Law and Psychology, Arizona State University
Assistant Professor of Social and Behavioral Sciences, Arizona State University
Associate Professor of Law, Arizona State University
Wade H. and Dores M. McCree Collegiate Professor of Law, University of Michigan
Associate Professor of Social and Behavioral Sciences, Arizona State University
Clinical Professor of Criminology & Criminal Justice and Director of the Center for Problem-Oriented Policing, Arizona State University
Professor of Social Work, Director of the Center for Applied Behavioral Health Policy, and Affiliate Professor of Criminology & Criminal Justice, Arizona State University
Associate Professor of Law, Arizona State University
Mary Sigler
Lincoln Professor of Law and Ethics, Arizona State University
Richard L. & Maria B. Crutcher Professor of Law and Professor of Psychology, University of Southern California
Adrian A. Kragen Professor of Law and Director of the Center for the Study of Law and Society, University of California, Berkeley
Milton Underwood Professor of Law, Affiliate Professor of Psychiatry, and Director of the Criminal Justice Program, Vanderbilt University
Forensic Social Work Fellow, University of Maryland
Professor of Law, University of Notre Dame
Cassia Spohn
Foundation Professor of Criminology and Director of the School of Criminology and Criminal Justice, Arizona State University
Henry J. Friendly Professor of Law and Faculty Co-Director of the Criminal Justice Policy Program, Harvard University
Judge Robert M. Parker Endowed Chair in Law and Director of the Texas Capital Punishment Center, University of Texas
Yvonne Stevens
Instructor of Law and Research Fellow & Community Outreach Coordinator for the Center for Law, Science, and Innovation, Arizona State University
Megan Stevenson
Assistant Professor of Law, George Mason University
Professor of Law and Dean’s Distinguished Scholar, University of Miami
Chris W. Surprenant
Associate Professor of Philosophy and Director of the Alexis de Tocqueville Project on Law, Liberty, and Morality, University of New Orleans
McKnight Presidential Professor in Criminal Law and Policy, University of Minnesota
Amy Abboud Ware Centennial Professor in Criminal Law, Southern Methodist University
Professor of Criminology, Law, and Society and Director of the Center for Evidence-Based Corrections, University of California, Irvine
Adjunct Professor of Law, Arizona State University
Xia Wang
Associate Professor of Criminology and Criminal Justice, Arizona State University
Edwin E. Huddleson, Jr. Professor of Law and Faculty Director of the Stanford Criminal Justice Center, Stanford University
Gary L. Wells
Professor of Psychology, Distinguished Professor of Liberal Arts and Sciences, and Wendy & Mark Stavish Chair in Social Sciences, Iowa State University
Michael D. White
Professor of Criminology and Associate Director of the Center for Violence Prevention and Community Safety, Arizona State University
Kevin A. Wright
Associate Professor of Criminology, Arizona State University
Needham Y. Gulley Professor of Criminal Law, Wake Forest University
Director, Office of Policy and Legislation, Criminal Division, U.S. Department of Justice
Shi Yan
Assistant Professor of Criminology, Arizona State University
William G. Simon Professor of Law and Director of the Criminal Justice Research Program, University of California, Berkeley
Resulting Project Resources
Reforming Criminal Justice Volume 1: Introduction and Criminalization
Reforming Criminal Justice is a four-volume report meant to enlighten reform efforts in the United States with the research and analysis of leading academics. Broken down into individual chapters—each authored by a top scholar in the relevant field—the report covers dozens of topics within the areas of criminalization, policing, pretrial and trial processes, punishment, incarceration, and release.
Reforming Criminal Justice Volume 2: Policing
Reforming Criminal Justice is a four-volume report meant to enlighten reform efforts in the United States with the research and analysis of leading academics. Broken down into individual chapters—each authored by a top scholar in the relevant field—the report covers dozens of topics within the areas of criminalization, policing, pretrial and trial processes, punishment, incarceration, and release. T
Reforming Criminal Justice Volume 3: Pretrial and Trial Processes
Reforming Criminal Justice is a four-volume report meant to enlighten reform efforts in the United States with the research and analysis of leading academics. Broken down into individual chapters—each authored by a top scholar in the relevant field—the report covers dozens of topics within the areas of criminalization, policing, pretrial and trial processes, punishment, incarceration, and release.
Reforming Criminal JusticeVolume 4: Punishment, Incarceration, and Release
Reforming Criminal Justice is a four-volume report meant to enlighten reform efforts in the United States with the research and analysis of leading academics. Broken down into individual chapters—each authored by a top scholar in the relevant field—the report covers dozens of topics within the areas of criminalization, policing, pretrial and trial processes, punishment, incarceration, and release.