Posts tagged with "Criminal Justice System"

image from Polity Press for use by 360 Magazine

DIDIER FASSIN — DEATH OF A TRAVELLER

It is a simple story. A 37-year-old man belonging to the Traveller community is shot dead by a special unit of the French police on the family farm where he was hiding since he failed to return to prison after temporary release. The officers claim self-defense. The relatives, present at the scene, contest that claim. A case is opened, and it concludes with a dismissal that is upheld on appeal. Dismayed by these decisions, the family continues the struggle for truth and justice.

Giving each account of the event the same credit, Didier Fassin conducts a counter-investigation, based on the re-examination of all the available details and on the interviews of its protagonists. A critical reflection on the work of police forces, the functioning of the justice system, and the conditions that make such tragedies possible and seldom punished, Death of a Traveller is also an attempt to restore to these marginalized communities what they are usually denied: respectability.

The Author:

Didier Fassin is the James D. Wolfensohn Professor at the Institute for Advanced Study in Princeton, a Director of studies at the École des hautes études en sciences sociales in Paris and a Professor on the Annual Chair of Public Health at the Collège de France.

Advance Praise:

“In seeking to do justice to yet another young life, another racialized suspect, snuffed out in the name of public order, Fassin provides a stunning indictment of a new moral economy: a culture of institutional duplicity that allows police to get away with murder.”Jean Comaroff, Harvard University

“How can an account of a controversial killing do justice to it sociologically and according to the laws of the land, and at the same time politically and humanely? This is the multifaceted conundrum addressed by this beautifully written and meticulously crafted book. A riveting must-read for all those concerned by the broader meaning of death at the hands of the police, in France and in other countries.”Dame Caroline Humphrey, University of Cambridge

The Nation cover illustration by Heather Skovlund (Original cover art Illustration by Barry Blitt) for 360 Magazine

Elie Mystal × The Nation

Can Biden Fix the Courts That Trump Broke?

There is no progressive future without a serious fight to reclaim the judiciary from the grips of conservative judges.

In The Nation’s latest cover story, justice correspondent Elie Mystal explains:

“While previous Republican administrations tried to break government, Donald Trump tried to break democracy. He did this boldly and brazenly, by attacking elections, and he did it less boldly but no less brazenly, by working alongside Mitch McConnell to take over the unelected branch of government that sets the rules for all the others: the federal judiciary. That branch is now stuffed with conservative ideologues masquerading as jurists.”

Making the case that there is no progressive future without a serious fight to reclaim the judiciary from the grips of conservative judges, Mystal evaluates whether Biden can fix the courts that Trump broke: Happily, there is a solution, and that solution is to expand the lower courts.

Congress has used its constitutional authority throughout history to expand the federal judiciary. Historically, these lower court expansions were bipartisan: As the country grows in population, so does the number of lawsuits. Adding judges is just a thing we used to do to keep the judiciary running smoothly. But since 1990, when the last judgeship bill was passed, the US population has grown by a third; the number of district court cases has grown by 38 percent; and the number of cases involving a felony defendant has grown by 60 percent. The number of judges has not changed.

“I absolutely believe that if Trump had won reelection and McConnell had hung onto the Senate, Republicans would be working on court expansion right now,” writes Mystal. “There just aren’t a lot of vacancies left in the federal judiciary. Republicans can always find some casus belli for stacking the courts with conservative judges. The only question is whether Democrats will ever realize there’s a war, and they’re losing it.”

“To balance out decades of inequity, Biden’s judicial appointments shouldn’t ‘look like America;’ they should overrepresent the kinds of Americans routinely excluded by Republican administrations,” he continues. “You can’t balance a seesaw by standing in the middle when an elephant is sitting on one side.”

Read the full cover story here. Mystal, who covers the courts, the criminal justice system, and politics for The Nation, has also recently reported:

Biden’s Supreme Court Commission Is Designed to Fail

Biden’s recently announced commission to study court reform isn’t designed to offer solutions—it’s designed to be an excuse to do nothing.

How the Supreme Court Gave Cops a License to Kill

Derek Chauvin’s defense team is hoping that the 1989 Graham v. Connor ruling will be his ticket to acquittal.

The Blue Wall of Silence Is Crumbling Around Derek Chauvin

For one of the first times in memory, police are testifying against one of their own. But will it lead to an actual conviction?

ABOUT Elie Mystal

Elie Mystal is The Nation’s justice correspondent—covering the courts, the criminal justice system, and politics—and the force behind the magazine’s monthly column, “Objection!” He is also an Alfred Knobler Fellow at the Type Media Center. A graduate of Harvard College and Harvard Law School, Mystal was previously the executive editor of Above the Law and a former associate at Debevoise & Plimpton. He’s a frequent guest on MSNBC and Sirius XM. 

Founded by abolitionists in 1865, The Nation has chronicled the breadth and depth of political and cultural life from the debut of the telegraph to the rise of Twitter, serving as a critical, independent, and progressive voice in American journalism.