News outlets reported that an overtly racist, and seemingly illegal, written policy to punish Hispanic defendants more harshly than non-Hispanic defendants existed in Jefferson County, Florida.

With the death of Tyre Nichols, conversations about police misconduct and accountability begin again.

This month Samantha Buckingham reviews The Rage of Innocence: How America Criminalizes Black Youth by Kristin Henning.

This month Jeff Gamso reviews Redeeming Justice: From Defendant to Defender, My Fight for Equity on Both Sides of a Broken System by Jarrett Adams.

Reflections on the First Half-Century on Brown v. Board of Education- Part 1 Ogletree Jr. Charles J.

Why the Trial Penalty Does Greater Violence to People of Color and the Poor

The trial penalty – the difference between a pretrial settlement offer and a post-trial sentence – punishes everyone caught in the machinery of the criminal legal system but injures people of color and the poor more than others.

Implicit racial bias in forensic testimony cannot be ignored as a primary driver of injustice. Janis Puracal discusses how implicit racial bias can impact forensic testimony, and she shares her family’s story.

What can be done to achieve racial justice in the United States? How can society repair the chasm between the police and people of color? Three public defenders tackle these questions and more in the NACDL Q&A.

Racism — A Persistent Challenge That Impacts Everyone

Amy Kimpel and James Chavez explain how to get non-U.S. citizen clients (both those with legal status and those who are undocumented) out of custody and how to keep them out. Their article will inspire defense advocates to fight for pretrial release for non-U.S. citizen clients and will provide legal ammunition for the battle.

Facing Imprisonment in Tribal Courts

An indigent Native American who is charged in tribal court, facing a year in jail, with all the consequences of confinement — loss of employment, etc. — is not entitled to appointed counsel, only counsel at his or her own expense if the possible punishment is a year or less. Tova Indritz argues that there should be a right to appointed counsel for any indigent person facing imprisonment anywhere in the United States, including in tribal courts.

The police regularly target people of color by using pretextual vehicle and traffic violations – including illegal window tint and disobeying a crosswalk signal – to justify the initial interaction. The goal of police officers is to escalate the encounter with false allegations of the smell of marijuana or furtive movements to enable them to conduct a full-blown search. How can defense counsel make a motion to suppress evidence based upon an allegation of racial targeting?

This month Jon Sands reviews Deep Delta Justice: A Black Teen, His Lawyer, and Their Groundbreaking Battle for Civil Rights in the South by Matthew Van Meter.

This month Teresa J. “Teri” Sopp reviews Caste: The Origins of Our Discontents by Isabel Wilkerson.

This month Bob Hurley reviews Bones of Black Saints by Alex Charns.