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The Lawfare Podcast
Lawfare Daily: Sheriffs and ‘The Highest Law in the Land,’ with Jessica Pishko
Jan 7, 2025
Jessica Pishko, an independent journalist and lawyer, dives into the unchecked power of sheriffs in her insightful discussion. She unpacks the constitutional sheriffs movement, exploring its roots in originalist interpretations and its influence on far-right politics. Pishko highlights the significant role sheriffs play in the American criminal justice system, particularly regarding jail management and community accountability. The conversation raises critical concerns about the implications of this power on democracy and the growing influence of partisanship in sheriff elections.
51:41
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Quick takeaways
- Sheriffs wield immense power in the local justice system, with their dual role significantly affecting jail management and community safety.
- The election of sheriffs often overlooks urban residents' concerns, leading to law enforcement strategies that may not align with progressive values.
Deep dives
The Role of Sheriffs in Law Enforcement
Sheriffs serve as elected law enforcement officers within counties in the United States, responsible for policing and managing county jails. They differ from urban police chiefs due to their dual role as both law enforcers and jailers, with about 85% of county jails operated under their authority. In California's realignment process, sheriffs faced an influx of individuals being transferred from state prisons to county jails, resulting in differing approaches to handling this new population. Some sheriffs implemented reformative practices like split sentencing, while others merely expanded jail capacity, leading to dangerous overcrowding, demonstrating the significant impact sheriffs have on the justice system at the local level.
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Discover
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Listen to the best highlights from the podcasts you love and dive into the full episode