Stay Tuned with Preet 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.
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Court's Role in Mass Incarceration
- The Supreme Court is partially responsible for mass incarceration in the U.S.
- While politicians are the primary drivers, the Court enabled it by not upholding constitutional checks.
US Incarceration Rates
- The U.S. has the highest incarceration rate globally, imprisoning a larger percentage of its population than any other nation.
- This trend deviates from historical norms and other Western democracies.
Pretrial Detention and Salerno Case
- The U.S. v. Salerno case allowed pretrial detention based on "dangerousness," even without conviction.
- This case involved "Fat Tony" Salerno, head of the Genovese crime family.
