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The RAND Blog

Courts

  • Lynn Jones receives the COVID-19 vaccine at Jackson Madison County General Hospital in Jackson, Tennessee, Friday, Dec. 18, 2020, photo by Stephanie Amador/The Jackson Sun via Imagn Content Services, LLC/Reuters
    Vaccination

    commentary

    The Compensation System for Potential Side Effects Is an Important Part of a COVID-19 Vaccine Campaign

    Nicholas M. Pace, Lloyd Dixon, Bethany Saunders-Medina

    Dec 18, 2020

    The Hill

    Concern about potential COVID-19 vaccine side effects and their consequences may be contributing to Americans' reluctance to get vaccinated. Policymakers and the public should carefully consider what types and levels of compensation for any adverse effects of vaccination are truly fair and appropriate.

    Read More »
  • Scales of justice on a table in front of books in a bookcase, photo by Zolnierek/Getty Images
    Civic Education

    commentary

    The RAND Institute for Civil Justice: 40th Anniversary Reflections

    Michael D. Rich @michaeldrich

    Nov 6, 2019

    The RAND Blog

    For 40 years, the RAND Institute for Civil Justice (ICJ) has supplied government and private decisionmakers and the public with the results of objective, empirically based, analytic research. In this era of the diminishing role of facts and analysis in public life, or Truth Decay, the mission and research of the ICJ have never been more important.

    Read More »
  • A soldier stands guard in a tower overlooking Camp Delta at Guantanamo Bay naval base, Cuba, December 31, 2009
    Counterterrorism

    commentary

    Now's the Time to Act on Guantanamo

    K. Jack Riley @K_Jack_Riley, Michelle Kezirian, Richard B. Goetz, Jerrold D. Green

    Apr 16, 2018

    The Hill

    Most of the 41 terror suspects who remain confined at Guantanamo Bay are unlikely to be released from custody any time soon. But the possibility that new detainees may soon be sent to the facility argues for early action to accelerate the legal proceedings against those already being held.

    Read More »
  • A witness in a courtroom swearing to tell the truth
    Civic Education

    commentary

    Truth Decay and the Spirit of the Law

    Dan Grunfeld

    Mar 23, 2018

    Daily Journal

    The widening gap between how the law is expected to be (and generally is) practiced, and certain events transpiring in America's political and policymaking realms, is of increasing concern.

    Read More »
  • The flag outside the International Criminal Court in The Hague, Netherlands
    Legal Case and Court Management

    commentary

    Terrorism on Trial: The Problem of Prosecuting International Jihadists

    Antonia Ward

    Mar 9, 2018

    Georgetown Security Studies Review

    The International Criminal Court may be the most ideal institution to try accused terrorists. The court would take into account the legal status of terrorists, the nationalities of their victims, and the location of the crimes — while upholding the core values of Western democracies.

    Read More »
  • U.S. Permanent Resident ID (green card) with a gavel and an American flag
    Immigration Legislation

    commentary

    The Immigration Debate: Building a Bridge Across the Deportation-Amnesty Divide

    Douglas C. Ligor @DougLigor

    Feb 28, 2018

    The Hill

    Discussions of U.S. immigration are dominated by arguments that pit “rule of law” proponents — focused on apprehension, detention, and deportation — against “humanitarian” supporters seeking a pardon or amnesty that will allow immigrants to stay in the country. Minor changes to the statute known as “Cancellation of Removal” could offer a compromise.

    Read More »
  • Scales of justice in front of computer monitors with code
    Sentencing

    commentary

    The Intersection of Algorithms and an Individual's Rights

    Dan Grunfeld

    Sep 29, 2017

    Daily Journal

    Data collection, and our reliance on it, have evolved extremely rapidly. The resulting algorithms have proved invaluable for organizing, evaluating and utilizing information. How do individuals' rights come in to play, when data about their lives is compiled to create algorithms, and the resulting tools are applied to judge them?

    Read More »
  • A man being arrested for drug possession
    Drug Courts

    commentary

    Should California Drop Criminal Penalties for Drug Possession?

    Beau Kilmer @BeauKilmer, Robert J. MacCoun

    Jul 20, 2017

    San Francisco Chronicle

    Californians have a lot to consider when it comes to decriminalizing possession. But now is the time for a rigorous discussion about removing criminal penalties for drug possession, rather than rushing to judgment in the heat of a future election season.

    Read More »
  • A mobile phone with an app to control wireless devices in a smart home like a washing machine, security camera, door lock, and music player
    Civil Rights

    commentary

    Using Digital Data in Criminal Investigations: Where and How to Draw the Line?

    Brian A. Jackson

    May 15, 2017

    Forensic Magazine

    Personal devices such as smartphones and wearables gather and store personal data. How much of this "digital footprint" should be available for criminal investigations?

    Read More »
  • Empty courtroom with scales of justice
    Court Staffing and Funding

    commentary

    Discount Justice: Fiscal Austerity and State Courts

    Kathryn Kuznitsky

    Apr 18, 2017

    Inside Sources

    Budget cuts at the state court level can mean courthouse closures, hiring freezes and layoffs, leading to longer wait times for the public. Educating the public about the role and importance of the state courts is key to preventing more budget cuts in the future.

    Read More »
  • Cyber gavel illustration
    Legal Case and Court Management

    commentary

    Does the Court System Know as Much About Electronically Stored Information as Your Teenager? It Should.

    Duren Banks, Brian A. Jackson

    Feb 21, 2017

    TechCrunch

    Electronically stored information from smart appliances, fitness trackers, and other devices is making its way into the U.S. court system. Judges and lawyers need to better understand this evidence so they can challenge it or rule on its admissibility in court.

    Read More »
  • Man opening a black box with a light inside
    Data Analysis

    commentary

    No Company Should Be Able to Keep You from Checking Your Government's Math

    Brian A. Jackson

    Jan 18, 2017

    Inside Sources

    Data and computer models are becoming more and more important for making policy decisions on everything from prison sentences to tax bills. But citizens should be able to “check the math” on decisions that affect them.

    Read More »
  • In Camp 4 of Camp Delta at Naval Station Guantanamo Bay, Cuba, highly compliant detainees live in a communal setting
    Military Courts

    commentary

    What Should Trump Do About Gitmo?

    K. Jack Riley @K_Jack_Riley

    Jan 11, 2017

    Newsweek

    The new administration has options to deal with the detention facility at Guantánamo Bay. It could maintain the status quo, make improvements to speed the trials, close the facility and relocate the remaining inmates, or accept new detainees.

    Read More »
  • Handcuffed man standing in a courtroom
    Drug Courts

    commentary

    Drug Dependence: Treatment Over Incarceration

    Matthew Davies, Emma Disley, Kristy Kruithof

    Oct 3, 2016

    Criminal Law & Justice Weekly

    Drug dependence imposes significant costs to society and traditional criminal justice responses like imprisonment do not reduce crime. More quality research on alternative sanctions could help police, prosecutors, and judges expand their options while helping users get treatment.

    Read More »
  • Cyber illustration of a judge's gavel
    Cybercrime

    commentary

    The Future of Cyber Investigations at the FBI Is Unclear

    Sasha Romanosky, Cortney Weinbaum @cortney_dc

    Aug 24, 2016

    Inside Sources

    Evidence presented by the FBI in the case of U.S. v. Jay Michaud was excluded because the agency was unwilling to reveal the software exploit used to collect it. If the FBI exposes its capabilities, other criminals can patch their computers, but concealing its techniques risks the ability to prosecute cyber criminals.

    Read More »
  • Judge Merrick Garland speaks after President Obama announced him as his nominee to the U.S. Supreme Court, March 16, 2016
    Politics and Government

    commentary

    A Spotlight on the Supreme Court, and Its Vacancy

    Geoffrey McGovern

    Jul 19, 2016

    The Hill

    More than four months have passed since President Obama nominated Merrick Garland to the Supreme Court. In a time of contentious politics, a clear majority of Americans want the court to have a full bench. But they appear unlikely to get it soon.

    Read More »
  • A Navy guard patrols Camp Delta's detainee recreation yard during the early morning at Guantánamo Bay naval base on July 7, 2010
    Criminal Justice

    commentary

    How to Fix Guantanamo's Broken Justice

    K. Jack Riley @K_Jack_Riley, Jerrold D. Green, Richard B. Goetz, Michelle Kezirian

    Mar 7, 2016

    Newsweek

    Replacing military judges with federal judges would expedite the process of resolving the Guantánamo cases in ways that would reflect better on the credibility and legitimacy of the U.S. justice system, while serving the interests of Congress, the president, survivors, and victims' families.

    Read More »
  • The facade of the United States Supreme Court building in Washington, D.C.
    Legal Case and Court Management

    commentary

    Fixing Judicial Recusals

    Kathryn Kuznitsky, James M. Anderson

    Feb 10, 2016

    Inside Sources

    Recently, Supreme Court Justice Samuel Alito recused himself in Federal Energy Regulatory Commission v. Electric Power Supply Association, a case with important implications for the power industry, while Justice Stephen Breyer failed to do so, apparently in error. This misstep illustrates some of the problems with the judicial recusal system.

    Read More »
  • Leader of a group of armed protesters Ammon Bundy talks to the media at the Malheur National Wildlife Refuge near Burns, Oregon, January 8, 2016
    Homeland Security Legislation

    commentary

    Oregon Standoff Shouldn't Have an Anti-Terrorism Twist

    Brian Michael Jenkins @BrianMJenkins

    Jan 13, 2016

    Slate

    Dwight and Steven Hammond were charged under a law enacted to fight terrorism, not rein in wayward ranchers. Anti-terrorist laws should not be used to strengthen prosecutors' hands in nonterrorist prosecutions—it makes national security needs look like an instrument of oppression.

    Read More »
  • Prisoner wearing handcuffs in a courtroom
    Prisoner Reentry

    commentary

    What's Next on the Convicted Terrorist's Timeline?

    Michael A. Brown

    Nov 4, 2015

    The Hill

    As inmates near the end of their sentences for terrorism-related offenses, and with some individuals already freed, it's time to explore what considerations may be necessary.

    Read More »
  • Immigration law book, gavel, legal document, and a passport
    Immigration Legislation

    commentary

    The Forgotten Cornerstone in the Immigration Reform Debate

    Daniel M. Gerstein @Daniel_Gerstein, Martina L. Melliand

    Apr 30, 2015

    The Hill

    The Executive Office for Immigration Review manages the U.S. immigration court system and thereby plays a pivotal role in assuring the timely processing of foreign nationals and the security of the nation and its borders. It should not be left out of discussions of immigration reform.

    Read More »
  • French special intervention police conduct a house-to-house search in Longpont, northeast of Paris, January 8, 2015
    Counterterrorism

    commentary

    Different Countries, Different Ways of Countering Terrorism

    Brian Michael Jenkins @BrianMJenkins, Jean-Francois Clair

    Mar 2, 2015

    The Hill

    France and the United States follow different approaches in dealing with terrorist suspects. This divergence reflects differences in the threat, historical experience, law, available resources, and public attitudes. France faces a more serious terrorist threat than the U.S. does.

    Read More »
  • Sidney Plummer cheers during the San Francisco Gay Pride Festival, June 29, 2014
    Marriage and Divorce

    commentary

    Gay Marriage Gains Support, but It's Still a Partisan Issue

    Katherine Grace Carman @KGCarman, Michael S. Pollard @MichaelSPollard

    Dec 29, 2014

    Newsweek

    Survey data provides evidence that the majority of American voters support the legalization of gay marriage and think it should be decided at the federal level. Republicans are substantially less likely to support legalization, and lower income, lower educational attainment, being older, and being non-white are significantly associated with lower levels of support.

    Read More »
  • man being arrested for drunk driving after an accident

    commentary

    California's Misguided Approach

    Katherine E. Watkins

    Mar 17, 2014

    Orange County Register

    Despite the frequency with which people are convicted of multiple DUI offenses, California continues to require that all individuals with a DUI attend a 30- or 60-hour education program. However, these programs aren't that effective.

    Read More »
  • inmates outside the Orleans Parish Prison
    Drug Courts

    commentary

    New Approach to Prison and the War on Drugs

    Beau Kilmer @BeauKilmer

    Aug 13, 2013

    BBC.co.uk

    If you want to reduce cocaine consumption and drug-related crime, you get more bang for the buck if you put money into treatment rather than paying for the increase in incarceration produced by federal mandatory minimum sentences, writes Beau Kilmer.

    Read More »
  • teens working together outside
    Sentencing

    commentary

    Advancing Social Outcomes: Private Investors Could Be Part of the Solution

    Jennifer Rubin, Emma Disley

    May 14, 2013

    Spotlight on Poverty and Opportunity

    Under a Social Impact Bond, private investors — rather than the government — provide up-front funding for programs that tackle such challenges as recidivism or homelessness. If these programs succeed, the government pays some of the savings back to the investors.

    Read More »
  • Voters drops state-shaped ballot into voting box.
    Politics and Government

    blog

    Farsighted Leadership in a Shortsighted World: 9 Issues That Deserve Attention During the 2012 U.S. Presidential Debates and Beyond

    Sep 24, 2012

    For nearly 65 years, RAND has cultivated the farsighted perspectives required to address the big, long-term public policy issues. In an effort to look beyond the 2012 U.S. election and promote “farsighted leadership in a shortsighted world,” the latest edition of the RAND Corporation’s magazine offers commentaries that transcend partisan rhetoric and foster policies that both presidential candidates could well accept.

    Read More »
  • Yasser Esam Hamdi in Camp X-ray, Guantanamo Bay detention camp, Cuba, April 4, 2002
    Counterterrorism

    commentary

    A Final Word on the NDAA

    Brian Michael Jenkins @BrianMJenkins

    May 7, 2012

    Foreign Affairs

    While I have no doubt of Levin's determination to protect the constitutional rights of American citizens, incremental adjustments and seemingly small compromises, each sensible under the circumstances, can have a cumulative effect that erodes the very liberty we are trying to protect, writes Brian Michael Jenkins.

    Read More »
  • President Barack Obama receives the Presidential Daily Briefing from Robert Cardillo, Deputy Director of National Intelligence for Intelligence Integration, in the Oval Office, Jan. 31, 2012
    Counterterrorism

    commentary

    The NDAA Makes It Harder to Fight Terrorism

    Brian Michael Jenkins @BrianMJenkins

    Feb 1, 2012

    Foreign Affairs

    Much of the debate over this bill has focused on the political issue of executive authority versus rule of law. In doing so it has overlooked the indirect and insidious effects the new law may have on the United States' largely successful counterterrorist campaign, writes Brian Michael Jenkins.

    Read More »

Quoted

  • The disorganized public health response to the pandemic in the United States helped ensure that the nation led the world in infections nearly from the beginning of the pandemic and it has remained there since.

    Rafiq Dossani

    Rafiq Dossani

    Director, RAND Center for Asia Pacific Policy

    Source: The RAND Blog

  • I worry less about mobs in Washington than I do about terrorist plots by diehards after the inauguration… The 2020s could turn out to be a turbulent decade.

    brian michael jenkins, brian jenkins

    Brian Michael Jenkins

    Senior Adviser to the RAND President

    Source: The Hill

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