A Brennan Center report unearths the hidden toll of New York City’s misdemeanor system.
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Nick Ogonosky
Spotlight on Misdemeanor Enforcement
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Tens of thousands of people are ticketed, arrested, or charged with misdemeanors every day. But incomplete national data makes it hard to get a clear picture of the minor offense system. A new Brennan Center report
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analyzes seven years of New York City court case data and uses interviews with stakeholders to better understand trends in misdemeanor enforcement. The findings reveal that caseloads are shrinking, but stark racial disparities persist
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End ‘Judge Shopping’
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The Judicial Conference, the body that governs the federal judiciary, has announced a new policy to curb “judge shopping” — a loophole that lets some plaintiffs choose their judge when they file a lawsuit. Activists across the political spectrum have used this tactic to win nationally applicable rulings on policies affecting tens of millions of people, from abortion to environmental protection. Judge shopping undermines public trust in the judiciary, and the conference’s nonbinding guidance isn’t enough to put a stop to it. Judicial leaders must do more to restore fairness and protect our courts from political agendas
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Officeholder Abuse Hurts Democracy
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Threats against local elected officials and state legislators across the country have surged in recent years. Beyond the harm to individuals, this hostility is also distorting representative democracy. A Brennan Center analysis finds that women, people of color, and young people in office experience higher levels of abuse and greater disruptions to their personal and professional lives as a result. In the long run, intimidation makes it harder for members of these already underrepresented groups to run for and remain in office, hampering their ability to create policy change on behalf of their communities
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A Defunct Voting Rights Protection
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The Voting Rights Act of 1965 is a shell of its former self after the Supreme Court eliminated one of its most crucial protections, known as “preclearance.” This provision required places with histories of racial voting discrimination to get federal permission to change their voting rules. A new Brennan Center explainer breaks down why this provision matters, why it was struck down, and what can be done to better safeguard the voting rights of all Americans
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Big Money Limits Voters’ Choices
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Independent presidential candidate Robert F. Kennedy Jr.’s newly announced running mate, Nicole Shanahan, is a wealthy tech entrepreneur who can help fund his campaign. This kind of self-funding has become increasingly common in politics, and though self-funders rarely win, their unlimited spending helps drive up campaign costs. As a result, candidates rely on bigger and bigger donations to run for office, discouraging otherwise promising candidates from running for fear of being unable to secure financing. Reforms such as public campaign financing are key to making politics open to all, not just a privileged few
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Vital Check Against Disinformation Is at Risk
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The Supreme Court heard oral arguments last week in a case that could have disastrous consequences for efforts to combat disinformation on social media. In Murthy v. Missouri, the plaintiffs argue that government communication with social media companies to identify false narratives about topics like elections or Covid-19 amounts to unconstitutional censorship. The Court should make clear that fighting the spread of disinformation is crucial to securing American elections and democracy
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Remembering Patricia Bauman
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Patricia Bauman, a longtime leader and devoted champion of the Brennan Center, passed away on Tuesday morning. She co-chaired our board of directors for 12 years and was instrumental in shaping the organization’s vision for the future. Her guidance and wisdom will be missed as we continue to advance the democracy and justice issues she cared about so deeply
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BRENNAN CENTER ON YOUTUBE
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The right to vote has never truly been available to all Americans. In his new book, A Real Right to Vote
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, author Richard Hasen argues that a constitutional amendment would end the fights over the franchise for good. He spoke to Wilfred Codrington III about how an amendment would enshrine the right to vote and what it would take to get there. Watch now on YouTube >>
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Virtual Events
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Misdemeanors by the Numbers
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Thursday, April 11, 3–4 p.m. ET
A decade of reforms has shrunk the sprawling misdemeanor system, but the prosecution of shoplifting, traffic violations, and other lesser offenses remains a burden on vulnerable communities and law enforcement resources even as public concern over physical and social disorder in public spaces spurs calls for renewed enforcement. Join report author Josephine Hahn, the MacArthur Foundation’s Bria L. Gillum, and Michigan county sheriff Jerry Clayton for a virtual discussion about this under-examined part of our criminal justice system. RSVP today
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Produced with support from the John D. and Catherine T. MacArthur Foundation
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The Failed Experiment of Mass Incarceration
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Wednesday, April 17, 3–4 p.m. ET
The United States has the highest incarceration rate in the world, a dubious distinction with grave social consequences. Excessive Punishment: How the Justice System Creates Mass Incarceration
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, a new book edited by the Brennan Center’s Lauren-Brooke Eisen, explores the roots and social costs of mass incarceration, as well as reforms that would prioritize human dignity and restoration over retribution. Join us virtually for a live event moderated by Eisen to hear from several of the book’s contributors on why the U.S. criminal justice system is so punitive and what alternatives could rebalance it. RSVP today
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Brennan Center for Justice at NYU School of Law
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