The coronavirus pandemic has seriously impacted the criminal justice system—as prisons experience severe outbreaks, states release nonviolent offenders, trials experience delays, and some jurisdictions halt arrests for misdemeanors to keep jail populations down. On this episode, criminal justice experts Emily Bazelon and Paul Cassell weigh in on those and other changes affecting criminal justice systems around the country, and potential long-term impacts. They also explain defendants’ rights under the Constitution as well as victims’ rights, and detail some recent lawsuits filed, both on behalf of prisoners arguing that being detained in the midst of a pandemic violates the Eighth Amendment’s protection from cruel and unusual punishment claims, and by victims requesting notification of perpetrators’ release. Bazelon is the author of Charged: The Movement to Transform American Prosecution and End Mass Incarceration and Cassell is a former federal judge who now specializes in victims’ rights and is a law professor at the University of Utah. They join host Jeffrey Rosen.
Questions or comments about the show? Email us at podcast@constitutioncenter.org.