Can art transform the criminal justice system? On this special edition of New Thinking, host Matt Watkins sits down with two New York City artists on the rise—Derek Fordjour and Shaun Leonardo—who both work with our Project Reset to provide an arts-based alternative to court and a criminal record for people arrested on a low-level charge. With the program set to expand city-wide, the three discuss art’s potential to help heal a racialized criminal justice system.

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**episode originally aired in October 2018**

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.

UPDATE August 2019: Since this episode aired, the report covering much of the same ground as the podcast has been published. You can read ‘Beyond the Algorithm’ here. The study was also covered by The Marshall Project and The Appeal, among others.

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In 2017, more than 17,000 people were murdered in the United States, most of them in cities. Thomas Abt, a long-time policy-maker and researcher, says that far from intractable, there are proven ways to reduce the violence, but he worries the urgency of acting now is being ignored. And when it comes to how we think about violence, he has a bone to pick with both the right and the left. Abt’s new book is Bleeding Out: The Devastating Consequences of Urban Violence and a Bold New Plan for Peace in the Streets.

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With so much of the focus now on keeping people out of jail and prison, it can feel like there is a reluctance among criminal justice reformers to work on improving life for the more than two million people already there. But one group beginning to mobilize on the issue is prosecutors—or at least “progressive” prosecutors. Baltimore State’s Attorney Marilyn Mosby and Washington, D.C. Attorney General Karl Racine explain what they learned on a tour of European prisons, and the “bright line” they see running from the overt racial control in America’s past to the disparities and dehumanizing practices inside jails and prisons today.

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If you’re not following Scott Hechinger on Twitter, you’re missing something important. A public defender and the director of policy at Brooklyn Defender Services, Hechinger is a fantastic explainer and participant-witness at the frontlines of the justice system. In May 2018, he joined our series on prosecutors, outlining how prosecutor power is exerted at key decision-points in his clients’ cases, mostly to their detriment. Chosen by the Vera Institute of Justice for its ‘Best of 2018‘ awards, we’re revisiting that episode with a new introduction in light of the remarkable new series from Ava DuVernay, ‘When They See Us.’ The series dramatizes the story of five black teenagers arrested and imprisoned for the rape of a white woman in New York City’s Central Park in 1989 showing how prosecutor and police power is used to force false confessions from the five teens. Their case is an extreme one, but it’s by no means an isolated example. Indeed, what emerges from the discussion with Hechinger is how much the system, as part of its day-to-day operation, relies upon a combination of coercion and incentives to get what it wants from defendants.

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Rachel Barkow contends criminal justice policy is a “prisoner of politics,” driven by appeals to voters’ worst instincts and an aversion to evidence of what actually works. Defined by its severity and unfairness, the criminal justice system, she says, is counterproductive to the goal of public safety it claims as its justification. In her new book, the NYU law professor makes a provocative case for “freeing” criminal justice from the political imperative in order to achieve real reform.

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The well-known journalist and commentator Emily Bazelon talks about her new book, Charged, on the “movement to transform American prosecution,” and where she thinks power might be shifting in the criminal justice system. So-called progressive prosecutors are very much a minority among elected D.A.s, but what if they could be the model for dismantling what she calls America’s “giant machine of punishment”?

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Rachael Rollins says she has seen the criminal justice system from “almost every angle.” Now, as Boston’s first female African-American district attorney, she’s setting the agenda. She explains her new approach of “services not sentences” as a response to low-level “crimes of poverty” and the urgency of changing the traditional role of the prosecutor.

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Rikers Island was once the dream of progressive reformers for a more rehabilitative corrections system. Now New York City, taking advantage of its plunging jail population, has pledged to replace the scandal-plagued complex with four smaller redesigned facilities—located near courthouses, not on an isolated island. It’s a shift the mayor says will end the era of mass incarceration in the city. But can building “better” jails lead to less reliance on jails overall? New Thinking host Matt Watkins moderates a public discussion of “Justice by Design.”

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Almost any encounter with the criminal justice system comes with a price tag, and fines and fees are capturing millions of Americans in a cycle of poverty and justice-involvement. Various states across the country charge you for using a public defender, a DNA sample, your monthly parole meetings, even a jury trial. And that’s in addition to the fines attached to any conviction. Fall too far behind on your payments and you could end up in jail. On this episode, we hear from a judge in Washington State who’s come up with an innovative solution to help break this cycle, and from Alexes Harris, a leading researcher on how fines and fees are used across the country.

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