The Sixth Amendment right to an impartial jury—particularly for Black defendants facing disproportionately white juries—isn’t always a guarantee. This “Student Voices” blog proposes three reforms to be randomized and studied in real courts, rather than assuming they work, to mitigate possible implicit racial bias in juries.
Life without the possibility of parole (LWOP) is often considered a better alternative to capital punishment. But death sentences carry certain safeguards to minimize error rates including counsel at all stages of the criminal process, federal scrutiny of sentences, appeals at the state level, pro bono firm support, and media attention. And yet, about 40 percent of death sentences in a 22-year time frame were overturned. Without those same safeguards, LWOP would likely have at least similar error rates—if only we knew. HLS student Kristen Arnold argues for evidence-based research to determine whether the absence of counsel and appeals reveal errors worth reforming procedural protections for those sentenced to life without parole.
In 1987, the Supreme Court held that pretrial detention did not violate due process and is therefore constitutional. However, pretrial detention continues to raise humanitarian and justice concerns while also imposing serious and quantifiable costs on detained individuals, which, in turn, imposes economic and social costs on communities.
An individual’s First Appearance before a court in a criminal case has significant impacts on the defendant’s freedom and the costs that a criminal trial can bear on the defendant’s life, before it even begins. However, many states still begin the trial process without an offer of counsel. But what happens if defendants DO have counsel at First Appearances?
Despite a right to counsel in both Kenya and Tunisia, the default for low- and middle-income individuals who cannot afford to pay for legal representation is no counsel at all. The A2J Lab began a project to study the effects of early access to counsel for misdemeanors in the two countries but was thwarted in January by a federal stop work order. What follows is an update on the project itself and the educational moment it provided.
