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SCOTUS & the Prison Pipeline (with Rachel Barkow)
Mar 3, 2025
Rachel Barkow, a NYU criminal law professor and CAFE contributor, unpacks the Supreme Court's role in mass incarceration in this insightful discussion. She addresses how historical decisions have paved the way for current injustices in the criminal justice system. Barkow critiques pretrial detention laws that undermine the presumption of innocence and examines the impact of political pressures on judicial decisions. She also discusses the Trump administration’s controversial criminal justice policies, highlighting the need for reform and accountability.
39:28
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Quick takeaways
- The Supreme Court's failure to uphold constitutional protections has significantly contributed to the mass incarceration crisis in America.
- Political shifts influenced by crises and social justice movements have impacted perceptions and responses to mass incarceration over time.
Deep dives
The Role of the Supreme Court in Mass Incarceration
The Supreme Court has played a significant role in the rise of mass incarceration in the United States, although it is not the primary driver of this issue. The political branches, primarily legislators and prosecutors, are often blamed for implementing tougher laws and sentencing guidelines. However, the Court has enabled mass incarceration by allowing status quo practices to persist rather than upholding constitutional protections. This failure to act against government overreach has contributed to the escalation of incarceration rates, which disproportionately affect marginalized communities.
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Discover
highlights
Listen to the best highlights from the podcasts you love and dive into the full episode