In Misdemeanorland, Issa Kohler-Hausmann argues the lower courts are no longer primarily concerned with whether people actually committed the offense they’ve been accused of. Instead, the focus is on future behavior: upholding social order through managing and assessing—often over long stretches—everyone with the misfortune of entering Misdemeanorland. It’s an argument that forces us to rethink what justice should look like in low-level cases.

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About two out of three people in local jails are being held awaiting trial, often because they can’t afford bail. What if a mathematical formula could do a more objective job of identifying who could be safely released? That’s the promise of risk assessments. But critics call them “justice by algorithm,” and contend they’re reproducing the bias inherent to the justice system, only this time under the guise of science.

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