New Thinking, from the Center for Justice Innovation

Three years ago, Oregon broke with the War on Drugs, decriminalizing the possession of most illicit drugs. The measure promised instead a "health-based approach." But the legislature has just ended the short-lived experiment. The law met stiff headwinds from the start: from the arrival of fentanyl on the West Coast to a relentless opposition campaign. But part of what went wrong was a challenge for any legislation: implementation. How do you make a sweeping new approach work on the ground? Morgan Godvin was at the frontlines of Oregon's decriminalization fight. "We have come to a fork in the road," she says. For now, progress towards an evidence-based approach to drug use "has fallen prey to fear-based policy." Full show notes

Vincent Schiraldi used to run probation in New York City; now he’s asking whether it should even exist. Schiraldi says some of the roots of mass supervision—and its connection to mass incarceration—can be found in a surprising place: the Supreme Court’s 1963 Gideon decision. It recognized, but failed to adequately support, a poor person’s right to a lawyer. Hear the final episode in our “Gideon at 60” series. Full show notes

A profile of the fight to secure lawyers for people facing eviction and the radical impact that is having in Housing Court. With its 1963 Gideon decision, the Supreme Court guaranteed a lawyer to any poor person facing prison time. For criminal cases, the decision was both sweeping and critically incomplete. On the civil side, the campaign for a right-to-counsel is taking a different approach—it's slow and piecemeal, but it's also working. This is the second episode in our series on the legacy of the Gideon decision. Hear the first episode here. Full show notes

As the legal scholar Paul Butler wrote ten years ago, "On every anniversary of Gideon, liberals bemoan the state of indigent defense." On this 60th anniversary of the landmark Supreme Court decision granting a lawyer to every poor defendant facing prison time, there is much to bemoan. Yet as the harms of the criminal legal system come into sharper relief, there is a larger question: even if Gideon's promise was fulfilled, how much would that change who principally suffers under the current system: the poor and people of color? Full show notes

April Barber Scales was a pregnant 15-year-old when she received two life sentences; Anthony Willis was 16 when he was sent away for life. After more than 25 years behind bars, they each received something desperately rare: clemency. They describe how they fought against a prison system that "sets you up for failure." We also hear from an organization in Baltimore that works exclusively with young people at high risk of violence. Rather than arrests and incarceration, what do these young people need? Full show notes

A recent two-day training for Manhattan prosecutors was a drumbeat on the harms of incarceration; hardly the typical message prosecutors receive. The training was part of a wider effort by D.A. Alvin Bragg to expand the use of alternatives such as treatment and restorative justice. But in a newly cramped climate for criminal justice reform, can that effort become a reality? Full show notes

Housing is a human right. What if we designed our systems—beginning with Housing Court—to embody that? Given the current eviction crisis, it's a far-off concept, but there's work to make it a reality in pockets across the country. In this special episode, hear a profile of one of those efforts in a Brooklyn neighborhood. Full show notes

Nominated for a Media for a Just Society award, revisit New Thinking's conversation with activists Victoria Law and Maya Schenwar. In their book, Prison By Any Other Name, Law and Schenwar contend that much of what is packaged today as "reforms" to the criminal legal system are extending, not countering, that system's harmful effects. So what is the ultimate goal of reform of a system like the criminal legal system? Full show notes

Efforts to reform the justice system often tout they're "evidence-based" or "data-driven." But at a moment when a national increase in crime, likely triggered by the pandemic, seems to have put the reform movement on its heels, why do arguments based on data rarely seem to win the day? Guests Christina Greer and John Pfaff are both scholars and frequent media commentators working at the intersection of criminal justice data and politics. Full show notes Hear Pfaff on New Thinking as part of our series on Prosecutor Power

New York City has committed to closing its notorious Rikers Island jail facility by 2027. That could dramatically reorient the city's approach to incarceration. The plan envisions a citywide jail population of just over 3,000 people. But the population at Rikers has been growing for months, and Rikers itself is engulfed in crisis amidst a historic spike in deaths. What are the prospects for finally getting Rikers closed? Full show notes

Eyal Press contends there are entire areas of life we've delegated to "dirty workers"—functions we've declared necessary, but that we strive to keep hidden. In his new book, Dirty Work: Essential Jobs and the Hidden Toll of Inequality in America, Press points to the transformation of jails and prisons into the country's largest mental health institutions. He calls the people struggling to offer treatment in those settings "dirty workers"—not because their work isn't noble, but because collectively we've put them in a situation where it's impossible to practice ethical care. Full show notes Hear a related New Thinking episode with Homer Venters, the former chief medical officer for NYC Jails.

Justice reforms often exclude people with charges involving violence, even though these are the same people most likely to be incarcerated and to be in the most need of the programs and treatment reform can bring. But a felony court in Manhattan is offering alternatives to incarceration, regardless of charge. Can a treatment-first approach be brought to scale inside of the same system responsible for mass incarceration in the first place? Full show notes

An audio snapshot from an emergency rally demanding immediate measures to release people from New York City's Rikers Island jail. Eleven people have died in the custody of the city's jail system this year as Rikers' chief medical officer warns of "a collapse in basic jail operations."

Hurt people hurt people. That's not an excuse for harm, but it fuels much of the criminal legal system. At 19, Marlon Peterson was the unarmed lookout on a robbery where two people were killed. Peterson spent a decade behind bars. He writes about those years, and the childhood in Crown Heights, Brooklyn, that preceded them, in his new memoir, Bird Uncaged: An Abolitionist's Freedom Song. I made my own choices, Peterson says, “but I also did not choose to experience the type of things I experienced.” Full show notes

In 1996, 16-year-old Reginald Dwayne Betts was sentenced to nine years in prison for a carjacking. He spent much of that time reading, and eventually writing. After prison, he went to Yale Law School and published a memoir and three books of poems. But he’s still wrestling with what “after prison” means. This is a conversation about incarceration, Blackness, and the weight of history, both political and personal. Betts's most recent collection of poems is Felon. Full show notes This episode was originally released in January 2020.

In her new book, historian Elizabeth Hinton highlights a "crucible period" of often violent rebellions in the name of the Black freedom struggle beginning in 1968. Initiated in almost every instance by police violence, the rebellions—dismissed as "riots"—have been largely written out of the history of the civil rights era. Hinton contends the period is critical for understanding the roots of mass incarceration and contains important lessons today for people organizing against police violence. Hinton's book is America on Fire: The Untold History of Police Violence and Black Rebellion Since the 1960s. Full show notes

One of every four people killed by police is experiencing a mental health emergency. Changing how we respond to crisis in the moment, and to widespread, ongoing mental health needs, means deferring to the leadership of people with lived experience and putting racial equity at the center of every reform. On today's episode, listening to the people who know how to fix systems, because they’re surviving those systems' harms. Full show notes

What's the most effective way to reduce the chance of an arrest in the future? A new study suggests it's shrinking the size of the justice system in the here and now. Boston D.A. Rachael Rollins and the director of NYU's Public Safety Lab, Anna Harvey, talk about the benefits of not prosecuting low-level charges—an almost 60 percent reduction in recidivism—and the challenges, even with data in hand, of bucking the conventional wisdom. Full show notes Hear Rachael Rollins's 2019 appearance on New Thinking

Journalist Maurice Chammah says the federal execution spree during the final weeks of the Trump presidency is evidence of the death penalty's continued decline, not its resurgence. Chammah is the author of the new book, Let the Lord Sort Them: The Rise and Fall of the Death Penalty. Chammah tracks the long arc of the death penalty—its use and its symbolism—alongside the evolution of the criminal justice system as a whole. And he grounds his discussion in American history, particularly the history of Texas, the epicenter of the American death penalty. In Texas, Chammah contends, a romantic myth about rough frontier justice has been used to obscure the extent to which state-sanctioned execution grew out of mob-driven lynchings, generally of Black men, common across the South after the Civil War until well into the twentieth century. Full show notes

Homer Venters has been inspecting prisons, jails, and ICE detention centers for COVID-compliance almost since the start of the pandemic. The former chief medical officer for New York City jails says what were already substandard health systems and abusive environments have deteriorated sharply, where even people positive for the virus can languish unseen for days. Any fix to health care behind bars, he says, has to start with listening to the people these facilities have worked to silence: those with lived experience of the conditions. Full show notes Listen back to Venters's New Thinking interview, 'Jail-Attributable Deaths'