Gideon at 60: Deconstructing Mass Supervision

Emily Galvin Almanza says, for the most part, the criminal justice system has only one setting: punishment. But punishment isn’t safety. It isn’t even accountability. Galvin Almanza makes that case in her new book, The Price of Mercy: Unfair Trials, a Violent System, and a Public Defender’s Search for Justice in America. But the book isn’t only about problems; it’s also about solutions. “We don’t have to fall prey to the worst aspects of our history,” contends Galvin Almanza. “We can build something better.” Full show notes

This is a story, not so much of forgiveness, but of something richer, more complicated, and even more deeply human. A story about moving forward after the worst loss imaginable, with the person who thrust that loss upon you. Hear from Jacob Dunne, whose one punch killed 28 year-old James Hodgkinson outside of a bar in Nottingham, England; from James’s parents, Joan Scourfield and David Hodgkinson; and from Nicola Fowler, the restorative justice facilitator who has been a part of their journey since its beginning. ‘Punch,’ the play based on their story, has just opened on Broadway. Full show notes (photos + transcript) Learn more about how the Center for Justice Innovation is using restorative justice to respond to instances of serious harm and violence. Learn more about the Manhattan Theatre Club production of ‘Punch.’ Learn more about the Common Ground Justice Project that Jacob, Joan, and David are collaborating on.

Vicarious trauma is the trauma you absorb working with traumatized people, especially when you’re both inside of already traumatizing systems. Treatment not jail, diversion from harmful system-contact… Making justice reform work on the ground relies on an abundance of frontline staff: from mental health counsellors to peer mentors. But many of those staff, at our organization and at others like us, are hurting: navigating human suffering—trauma—on all sides. Full show notes

Think of probation as an enormous testing period: will you be able to adhere to the thicket of conditions governing your daily life? Fail at any of them and you could be sent to prison. At the heart of this testing ethos is drug testing: almost all of the almost three million people on probation in the U.S. are drug tested—peeing in a cup, generally under the observation of a probation officer. The tests are time-consuming, expensive, and traumatic. There is also little evidence justifying their use. Full show notes Special issue of the Federal Sentencing Reporter on drug testing and supervision Hear our 12/23 episode: ex-NYC probation commissioner Vinnie Schiraldi calls for probation’s “incremental abolition”

A brief, moving excerpt from the recent award ceremony at the New York Public Library announcing the inaugural winner of the Inside Literary Prize, the first major U.S. book award to be judged exclusively by people who are incarcerated. Hear from Freedom Reads founder and CEO Reginald Dwayne Betts, and from this year’s winner… And please be sure to listen to our earlier episode, profiling the work of some of the judges for this prize: ‘Inside Literary Prize: Shakopee Women’s Prison.’

“They actually care. They want to hear about what we think, the ones that they have shut away.” The Inside Literary Prize is the first major U.S. book award to be judged exclusively by people who are incarcerated, some of the most prolific readers in the country. Yet the walls we erect around incarcerated people also disappear them from conversations about culture, politics, and history—conversations to which they can make vital contributions. In this special episode, hear a behind-the-scenes portrait of what a day of judging sounded like in Minnesota’s Shakopee women’s prison. Full show notes  

What would it mean to decriminalize mental health—to stop criminalizing the symptoms of what is very often untreated mental illness? And what would it mean to put racial justice at the center of that effort? The outcomes of the criminal legal system being what they are, those two questions are really inseparable. Full show notes

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 probation 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