The righteous wrath of those who view January 6 as an insurrection and believe we need uncompromising prosecution is understandable. But is it strategic thinking? History has shown that prosecutions based on less severe and politically-fraught charges have a greater chance of resulting in the convictions needed to stop this behavior.
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.
The police play a critical role in determining whether young people are either directed towards or diverted away from the justice system. Introducing policing targets can create perverse incentives and raises particular concerns because of the potential damaging effects that criminalization can have on young people.
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?
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.
Governments are amassing a wealth of data on citizens, a trend that will continue as technology advances. But with no reliable way to ensure that the data is accurate, risks abound. In the criminal justice system, for example, poor quality data could affect individual freedoms and employability.
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.
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.
After shootings, there is inevitably public debate over gun safety, constitutional rights, police tactics, terrorism, race, and politics. But these discussions rarely focus on a common factor among the perpetrators: a history of violence against women.
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.
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.
In perhaps no other field does society have as direct a stake in getting technology right as in policing. How will technology change the work that law enforcement agencies do and the communities they serve?
The announcement of a preliminary peace accord by the Revolutionary Armed Forces of Colombia (FARC) and the Colombian government is not receiving public support. Most Colombians manifest a strong desire for peace but they reject the possibility that crimes committed in the name of revolution should receive amnesty.
Understanding coordination work in policing is worthy of attention by researchers for a number of reasons. When police fail to coordinate their activities adequately, crimes and their detection and prosecution can slip through organizational cracks.
Criminal justice reform requires creating demand for bold ideas about simultaneously reducing incarceration and crime. Given the prominent role alcohol plays in crime — and the strong results from South Dakota's 24/7 Sobriety program — suspending one's “license to drink” seems well worth considering.
The “Strengthening Police-Community Trust” panel held Wednesday at RAND's Pittsburgh offices felt ripped from the headlines, and from the outset the discussion was focused on what the moderator called “the intersection between the community and the police.”
President Obama's Task Force on 21st Century Policing has done a great service by providing dozens of sound recommendations—good ideas that could help avoid another Ferguson. Now we need good implementation to go along with them.
After two controversial grand jury decisions not to indict police in the deaths of unarmed African Americans, a White House task force has 90 days to provide recommendations for promoting accountability among law enforcement agencies to cultivate trust between police and communities. The timeline may seem impossible, but, sadly, these issues are old and the solutions are well known.
Community leaders and police departments have a responsibility to their citizens to address questions about their policing practices, such as: What are the most significant areas of concern? How severe are the problems? What are the most effective solutions?
An effort to address atrocities against women in the Democratic Republic of Congo has fallen short of advocates' hopes for justice. With its focus on criminal prosecution, the strategy failed to consider the weak infrastructure of the judicial system, left victims' needs unmet, and did little to address prevention.
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.
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.
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.
The state needs to deal with prison overcrowding and inadequate medical care for prisoners in ways that don't simply transfer the burden to county criminal justice systems and the healthcare safety nets of local communities, writes Lois Davis.