Reforming Criminal Justice:
A Report by the Academy for Justice

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Reforming Criminal Justice is a four-volume report meant to enlighten reform efforts in the United States with the research and analysis of leading academics. Broken down into individual chapters—each authored by a top scholar in the relevant field—the report covers dozens of topics within the areas of criminalization, policing, pretrial and trial processes, punishment, incarceration, and release. The chapters seek to enhance both professional and public understanding of the subject matter, to facilitate an appreciation of the relevant scholarly literature and the need for reform, and to offer potential solutions. The ultimate goal is to increase the likelihood of success when worthwhile reforms are debated, put to a vote or otherwise considered for action, and implemented in the criminal justice system.

In this way, Reforming Criminal Justice hopes to bridge the gap between scholarship on the books and legal reform on the ground. The report is the culmination of a yearlong collaboration by the Academy for Justice, a loose-knit coalition of dozens of criminal justice scholars. The group’s title carries two meanings: [1] the work-product is from the “academy” (i.e., the professoriate) in its attempt to contribute to criminal justice reform; and [2] the endeavor might lead to the creation of an “academy” (i.e., a real or virtual institution) concerned with justice issues. Although the Academy for Justice may well become a platform for future projects, for now at least, it is simply a vehicle for the report.

This project was made possible by a generous grant from the Charles Koch Foundation (CKF), and by support from Arizona State University (ASU) and the Sandra Day O’Connor College of Law (ASU Law). CKF is a non-profit organization, and ASU and ASU Law are non-profit public institutions of higher education. The Academy for Justice is a non-profit academic coalition, and Reforming Criminal Justice is a non-commercial, non-partisan report. The grantors and institutional grantees had no editorial input or control over the report and its contents, and they were not involved in the selection of authors and project participants.

Erik Luna
Amelia D. Lewis Professor of Constitutional & Criminal Law
Sandra Day O'Connor College of Law
Arizona State University

Volume 1: Introduction and Criminalization

Volume 1: Introduction and Criminalization

Download Volume 1 To view each chapter, click on the links below. Preface

Erik LunaAmelia D. Lewis Professor of Constitutional & Criminal Law, Arizona State University

Volume 1 Table of Contents Criminal Justice Reform: An Introduction

Clint BolickJustice, Supreme Court of Arizona, and Research Fellow at the Hoover Institution

 

The Changing Politics of Crime and the Future of Mass Incarceration

David ColeHon. George J. Mitchell Professor in Law and Public Policy, Georgetown University, and National Legal Director for the American Civil Liberties Union

 

Overcriminalization

Douglas HusakDistinguished Professor of Philosophy, Rutgers University

 

Overfederalization

Stephen F. Smith, Professor of Law, University of Notre Dame

 

Misdemeanors

Alexandra NatapoffProfessor of Law, University of California, Irvine

 

Drug Prohibition and Violence

Jeffrey A. MironSenior Lecturer and Director of Undergraduate Studies in the Department of Economics, Harvard University, and Director of Economic Studies, Cato Institute

 

Marijuana Legalization

Alex Kreit, Professor of Law and Co-Director of the Center for Criminal Law and Policy, Thomas Jefferson School of Law

 

Sexual Offenses

Robert Weisberg, Edwin E. Huddleson, Jr. Professor of Law and Faculty Director of the Stanford Criminal Justice Center, Stanford University

 

Firearms and Violence

Franklin E. Zimring, William G. Simon Professor of Law and Director of the Criminal Justice Research Program, University of California, Berkeley

 

Gangs

Scott H. Decker, Foundation Professor of Criminology & Criminal Justice and Director of the Center for Public Criminology, Arizona State University

 

Criminalizing Immigration

Jennifer M. Chacón, Professor of Law, University of California, Irvine

 

Extraterritoral Jurisdiction

Julie Rose O’Sullivan, Professor of Law, Georgetown University Law Center

 

Mental Disorder and Criminal Justice

Stephen J. Morse, Ferdinand Wakeman Hubbell Professor of Law, Professor of Psychology and Law in Psychiatry, and Associate Director of the Center for Neuroscience and Society, University of Pennsylvania

 

Juvenile Justice

Barry C. Feld, Centennial Professor of Law Emeritus, University of Minnesota

Volume 2: Policing

Volume 2: Policing

Download Volume 2 To view each chapter, click on the links below. Editor's Note

Erik LunaAmelia D. Lewis Professor of Constitutional & Criminal Law, Arizona State University

 

Volume 2 Table of Contents Democratic Accountability and Policing

Maria PonomarenkoAdjunct Professor of Law and Deputy Director of the Policing Project, New York University 

Barry Friedman, Jacob D. Fuchsberg Professor of Law, Affiliated Professor of Politics, and Director of the Policing Project, New York University

 

Legal Remedies for Police Misconduct

Rachel A. Harmon, F.D.G. Ribble Professor of Law, University of Virginia

 

Stop-and-Frisk

Henry F. Fradella, Professor of Criminology and Associate Director of the School of Criminology and Criminal Justice, Arizona State University

Michael D. White, Professor of Criminology and Associate Director of the Center for Violence Prevention and Community Safety, Arizona State University

 

Race and the New Policing

Jeffrey Fagan, Isidor & Seville Sulzbacher Professor of Law and Professor of Epidemiology, Columbia University

 

Racial Profiling

David A. Harris, Professor of Law and John E. Murray Faculty Scholar, University of Pittsburgh

 

Race and the Fourth Amendment

Devon W. Carbado, The Honorable Harry Pregerson Professor of Law and Associate Vice Chancellor, BruinX, the Office of Equity, Diversity, and Inclusion, University of California, Los Angeles

 

Police Use of Force

L. Song Richardson, Interim Dean and Professor of Law, University of California, Irvine

 

Policing, Databases, and Surveillance

Christopher Slobogin, Milton Underwood Professor of Law, Affiliate Professor of Psychiatry, and Director of the Criminal Justice Program, Vanderbilt University

 

Interrogation and Confessions

Richard A. LeoHamill Family Professor of Law and Psychology, University of San Francisco

 

Eyewitness Identification

Gary L. Wells, Professor of Psychology, Distinguished Professor of Liberal Arts and Sciences, and Wendy & Mark Stavish Chair in Social Sciences, Iowa State University

Informants and Cooperators

Daniel Richman, Paul J. Kellner Professor of Law, Columbia University

Volume 3: Pretrial and Trial Processes

Volume 3: Pretrial and Trial Processes

Download Volume 3 To view each chapter, click on the links below. Editor's Note

Erik Luna, Amelia D. Lewis Professor of Constitutional & Criminal Law, Arizona State University

Volume 3 Table of Contents Grand Jury

Roger A. Fairfax, Jr., Jeffrey & Martha Kohn Senior Associate Dean for Academic Affairs and Research Professor of Law, George Washington University

Pretrial Detention and Bail

Megan Stevenson, Assistant Professor of Law, George Mason University

Sandra G. Mayson, Assistant Professor of Law, University of Georgia

Prosecutor Institutions and Incentives

Ronald F. Wright, Needham Y. Gulley Professor of Criminal Law, Wake Forest University

Plea Bargaining

Jenia I. Turner, Amy Abboud Ware Centennial Professor in Criminal Law, Southern Methodist University

Prosecutorial Guidelines

John F. Pfaff, Professor of Law, Fordham University

Defense Counsel and Public Defense

Eve Brensike Primus, Professor of Law, University of Michigan

Discovery

Darryl K. Brown, O.M. Vicars Professor of Law, University of Virginia

Forensic Evidence

Erin Murphy, Professor of Law, New York University

Actual Innocence and Wrongful Convictions

Brandon L. Garrett, Justice Thurgood Marshall Distinguished Professor of Law and White Burkett Miller Professor of Law and Public Affairs, University of Virginia

Race and Adjudication

Paul Butler, Albert Brick Professor in Law, Georgetown University

Crime Victims' Rights

Paul G. Cassell, Ronald N. Boyce Presidential Professor of Criminal Law and University Distinguished Professor of Law, University of Utah

Appeals

Nancy J. King, Lee S. & Charles A. Speir Professor of Law, Vanderbilt University

Problem-Solving Courts

Richard C. Boldt, T. Carroll Brown Professor of Law, University of Maryland

Volume 4: Punishment, Incarceration, and Release

Volume 4: Punishment, Incarceration, and Release

Download Volume 4 To view each chapter, click on the links below. Editor's Note

Erik Luna, Amelia D. Lewis Professor of Constitutional & Criminal Law, Arizona State University

Volume 4 Table of Contents Retribution

Jeffrie G. Murphy, Regents' Professor of Law, Philosophy, and Religious Studies, Arizona State University

Deterrence

Daniel S. Nagin, Teresa & H. John Heinz III University Professor of Public Policy and Statistics, Carnegie Mellon University

Incapacitation

Shawn D. Bushway, Professor of Public Administration & Policy and Professor of Criminal Justice, University at Albany, State University of New York

Mass Incarceration

Todd R. Clear, University Professor of Criminal Justice, Rutgers University 

James Austin, President, JFA Institute

Risk Assessment in Sentencing

John Monahan, John S. Shannon Distinguished Professor of Law, Joel B. Piassick Research Professor of Law, Professor of Psychology, and Professor of Psychiatry and Neurobehavioral Sciences, University of Virginia

Sentencing Guidelines

Douglas A. Berman, Robert J. Watkins/Procter & Gamble Professor of Law, The Ohio State University

Mandatory Minimums

Erik Luna, Amelia D. Lewis Professor of Constitutional & Criminal Law, Arizona State University

Capital Punishment

Carol S. Steiker, Henry J. Friendly Professor of Law and Faculty Co-Director of the Criminal Justice Policy Program, Harvard University

Jordan M. Steiker, Judge Robert M. Parker Endowed Chair in Law and Director of the Texas Capital Punishment Center, University of Texas

Race and Sentencing Disparity

Cassia SpohnFoundation Professor of Criminology and Director of the School of Criminology and Criminal Justice, Arizona State University

Community Punishments

Michael TonryMcKnight Presidential Professor in Criminal Law and Policy, University of Minnesota

Fines, Fees, and Forfeitures

Beth A. Colgan, Assistant Professor of Law, University of California, Los Angeles

Correctional Rehabilitation

Francis T. Cullen, Distinguished Research Professor Emeritus of Criminal Justice and Senior Research Associate, University of Cincinnati

Prison Conditions

Sharon DolovichProfessor of Law and Director of the UCLA Prison Law and Policy Program, University of California, Los Angeles

Prisoners with Disabilities

Margo SchlangerWade H. and Dores M. McCree Collegiate Professor of Law, University of Michigan

Releasing Older Prisoners

Michael MillemannProfessor of Law, University of Maryland

Rebecca Bowman-Rivas, Law and Social Work Services Program Manager, University of Maryland

Elizabeth Smith, Forensic Social Work Fellow, University of Maryland

Reentry

Susan Turner, Professor of Criminology, Law, and Society and Director of the Center for Evidence-Based Corrections, University of California, Irvine

Collateral Consequences

Gabriel J. Chin, Edward L. Barrett Chair in Law and Martin Luther King, Jr. Professor of Law, University of California, Davis

Sex Offender Registration and Notification

Wayne A. Logan, Gary & Sallyn Pajcic Professor of Law, Florida State University

Clemency

Mark Osler, Robert & Marion Short Distinguished Chair in Law, University of St. Thomas

Participants

Participants

Albert Alschuler

Julius Kreeger Professor Emeritus of Law and Criminology, University of Chicago

 
José B. Ashford

Professor of Social Work and Sociology, Director of the Office of Offender Diversion and Sentencing Solutions, and Affiliate Professor of Criminology and Criminal Justice, Law and Behavioral Science, and Justice and Social Inquiry, Arizona State University

 
James Austin

President, JFA Institute

 
Susan Bandes

Centennial Distinguished Professor of Law, DePaul University

 
Jessica Berch

Lecturer in Law, Arizona State University

 
Douglas A. Berman

Robert J. Watkins/Procter & Gamble Professor of Law, The Ohio State University

 
Stephanos Bibas

Professor of Law, Professor of Criminology, and Director of the Supreme Court Clinic, University of Pennsylvania

 
Guyora Binder

SUNY Distinguished Professor of Law, Hodgson Russ Faculty Scholar, and Vice Dean for Research & Faculty Development, University of Buffalo

 
Richard C. Boldt

T. Carroll Brown Professor of Law, University of Maryland

 
Clint Bolick

Justice, Supreme Court of Arizona, and Research Fellow at the Hoover Institution

 
Richard J. Bonnie

Harrison Foundation Professor of Medicine and Law, Class of 1941 Research Professor of Law, Professor of Psychiatry and Neurobehavioral Sciences, Professor of Public Policy, and Director of the Institute of Law, Psychiatry and Public Policy, University of Virginia

 
Rebecca Bowman-Rivas

Law and Social Work Services Program Manager, University of Maryland

 
Darryl K. Brown

O.M. Vicars Professor of Law, University of Virginia

 
Shawn D. Bushway

Professor of Public Administration & Policy and Professor of Criminal Justice, University at Albany, State University of New York

 
Paul Butler

Albert Brick Professor in Law, Georgetown University

 
Devon W. Carbado

The Honorable Harry Pregerson Professor of Law and Associate Vice Chancellor, BruinX, the Office of Equity, Diversity, and Inclusion, University of California, Los Angeles

 
Paul G. Cassell

Ronald N. Boyce Presidential Professor of Criminal Law and University Distinguished Professor of Law, University of Utah

 
Jennifer M. Chacón

Professor of Law, University of California, Irvine

 
Gabriel J. Chin

Edward L. Barrett Chair in Law and Martin Luther King, Jr. Professor of Law, University of California, Davis

 
Todd R. Clear

University Professor of Criminal Justice, Rutgers University

 
David Cole

Hon. George J. Mitchell Professor in Law and Public Policy, Georgetown University, and National Legal Director for the American Civil Liberties Union

 
Beth A. Colgan

Assistant Professor of Law, University of California, Los Angeles

 
Francis T. Cullen

Distinguished Research Professor Emeritus of Criminal Justice and Senior Research Associate, University of Cincinnati

 
Gregory DeAngelo

Assistant Professor of Economics, West Virginia University

 
Scott H. Decker

Foundation Professor of Criminology & Criminal Justice and Director of the Center for Public Criminology, Arizona State University

 
Deborah W. Denno

Arthur A. McGivney Professor of Law and Founding Director of the Neuroscience and Law Center, Fordham University School of Law

 
Sharon Dolovich

Professor of Law and Director of the UCLA Prison Law and Policy Program, University of California, Los Angeles

 
Cara H. Drinan

Professor of Law, The Catholic University of America

 
Donald A. Dripps

Warren Distinguished Professor of Law, University of San Diego

 
Mark A. Drumbl

Class of 1975 Alumni Professor of Law and Director of the Transnational Law Institute, Washington and Lee University

 
Ira Ellman

Charles J. Merriam Distinguished Professor of Law and Affiliate Professor of Psychology Emeritus, Arizona State University, and Distinguished Affiliated Scholar, Center for the Study of Law and Society, University of California, Berkeley

 
Jeffrey Fagan

Isidor & Seville Sulzbacher Professor of Law and Professor of Epidemiology, Columbia University

 
Roger A. Fairfax, Jr.

Jeffrey & Martha Kohn Senior Associate Dean for Academic Affairs and Research Professor of Law, George Washington University

 
Barry C. Feld

Centennial Professor of Law Emeritus, University of Minnesota

 
Henry F. Fradella

Professor of Criminology and Associate Director of the School of Criminology and Criminal Justice, Arizona State University

 
Barry Friedman

Jacob D. Fuchsberg Professor of Law, Affiliated Professor of Politics, and Director of the Policing Project, New York University

 
Brandon L. Garrett

Justice Thurgood Marshall Distinguished Professor of Law and White Burkett Miller Professor of Law and Public Affairs, University of Virginia

 
Stephen P. Garvey

Professor of Law, Cornell University

 
Adam M. Gershowitz

Professor of Law and Associate Dean for Research & Faculty Development, College of William & Mary

 
Aya Gruber

Professor of Law, University of Colorado

 
Rachel A. Harmon

F.D.G. Ribble Professor of Law, University of Virginia

 
David A. Harris

Professor of Law and John E. Murray Faculty Scholar, University of Pittsburgh

 
Karen McDonald Henning

Associate Professor of Law, University of Detroit Mercy

 
Peter Henning

Professor of Law, Wayne State University

 
Lindsay Herf

Executive Director, Arizona Justice Project

 
Silas Horst

Public Policy Analyst, Koch Companies Public Sector, LLC

 
Douglas Husak

Distinguished Professor of Philosophy, Rutgers University

 
Elizabeth Joh

Professor of Law, University of California, Davis

 
Allison Kasic

Associate Director of Research, Charles Koch Foundation

 
Nancy J. King

Lee S. & Charles A. Speir Professor of Law, Vanderbilt University

 
Susan R. Klein

Alice McKean Young Regents Chair in Law, University of Texas

 
Cecelia M. Klingele

Associate Professor of Law, University of Wisconsin, and Associate Reporter, Model Penal Code: Sentencing, American Law Institute

 
Jason Kreag

Associate Professor of Law, University of Arizona

 
Alex Kreit

Professor of Law and Co-Director of the Center for Criminal Law and Policy, Thomas Jefferson School of Law

 
Máximo Langer

Professor of Law and Director of the Transnational Program on Criminal Justice, University of California, Los Angeles

 
Jennifer E. Laurin

Professor of Law, University of Texas

 
Richard A. Leo

Hamill Family Professor of Law and Psychology, University of San Francisco

 
Stefanie Lindquist

Deputy Provost, Vice President for Academic Affairs, and Foundation Professor of Law and Political Science, Arizona State University

 
Elizabeth F. Loftus

Distinguished Professor of Psychology and Social Behavior, and Professor of Law, University of California, Irvine

 
Wayne A. Logan

Gary & Sallyn Pajcic Professor of Law, Florida State University

 
Vera Lopez

Associate Professor of Justice and Social Inquiry, Arizona State University

 
Erik Luna

Amelia D. Lewis Professor of Constitutional & Criminal Law, Arizona State University

 
Edward Maguire

Professor of Criminology, Arizona State University

 
Sandra G. Mayson

Assistant Professor of Law, University of Georgia

 
Richard H. McAdams

Bernard D. Meltzer Professor of Law, University of Chicago

 
Daniel S. Medwed

Professor of Law and Criminal Justice, and Faculty Director of Professional Development, Northeastern University

 
Michael Millemann

Professor of Law, University of Maryland

 
Eric J. Miller

Professor of Law and Leo J. O'Brien Fellow, Loyola Law School, Los Angeles

 
Marc L. Miller

Dean and Ralph W. Bilby Professor of Law, University of Arizona

 
Russell A. Miller

J.B. Stombock Professor of Law, Washington and Lee University, and Editor-in-Chief, German Law Journal

 
Jeffrey A. Miron

Senior Lecturer and Director of Undergraduate Studies in the Department of Economics, Harvard University, and Director of Economic Studies, Cato Institute

 
John Monahan

John S. Shannon Distinguished Professor of Law, Joel B. Piassick Research Professor of Law, Professor of Psychology, and Professor of Psychiatry and Neurobehavioral Sciences, University of Virginia

 
Stephen J. Morse

Ferdinand Wakeman Hubbell Professor of Law, Professor of Psychology and Law in Psychiatry, and Associate Director of the Center for Neuroscience & Society, University of Pennsylvania

 
Erin Murphy

Professor of Law, New York University

 
Jeffrie G. Murphy

Regents’ Professor of Law, Philosophy, and Religious Studies, Arizona State University

 
Daniel S. Nagin

Teresa & H. John Heinz III University Professor of Public Policy and Statistics, Carnegie Mellon University

 
Alexandra Natapoff

Professor of Law, University of California, Irvine

 
Tess Neal

Assistant Professor of Psychology and Director of the Clinical and Legal Judgment Lab, Arizona State University

 
Michael M. O’Hear

Professor of Law, Marquette University

 
Mark Osler

Robert & Marion Short Distinguished Chair in Law, University of St. Thomas

 
Julie Rose O’Sullivan

Professor of Law, Georgetown University Law Center

 
John T. Parry

Associate Dean of Faculty and Edward Brunet Professor of Law, Lewis & Clark Law School

 
John F. Pfaff

Professor of Law, Fordham University

 
Ellen S. Podgor

Gary R. Trombley Family White-Collar Crime Research Professor and Professor of Law, Stetson University

 
Maria Ponomarenko

Adjunct Professor of Law and Deputy Director of the Policing Project, New York University

 
Eve Brensike Primus

Professor of Law, University of Michigan

 
Doris Marie Provine

Professor Emerita of Justice & Social Inquiry, Arizona State University

 
Katherine Puzauskas

Supervising Attorney of the Post-Conviction Clinic, Arizona State University

 
Lisa Rich

Associate Professor of Law, Texas A&M University

 
L. Song Richardson

Interim Dean and Professor of Law, University of California, Irvine

 
Daniel Richman

Paul J. Kellner Professor of Law, Columbia University

 
Paul H. Robinson

Colin S. Diver Professor of Law, University of Pennsylvania

 
Andrea Roth

Assistant Professor of Law, University of California, Berkeley

 
Michael J. Saks

Regents’ Professor of Law and Psychology, Arizona State University

 
Jessica Salerno

Assistant Professor of Social and Behavioral Sciences, Arizona State University

 
Erin A. Scharff

Associate Professor of Law, Arizona State University

 
Margo Schlanger

Wade H. and Dores M. McCree Collegiate Professor of Law, University of Michigan

 
Nick Schweitzer

Associate Professor of Social and Behavioral Sciences, Arizona State University

 
Michael Scott

Clinical Professor of Criminology & Criminal Justice and Director of the Center for Problem-Oriented Policing, Arizona State University

 
Michael S. Shafer

Professor of Social Work, Director of the Center for Applied Behavioral Health Policy, and Affiliate Professor of Criminology & Criminal Justice, Arizona State University

 
Bijal Shah

Associate Professor of Law, Arizona State University

 
Mary Sigler

Lincoln Professor of Law and Ethics, Arizona State University

 
Dan Simon

Richard L. & Maria B. Crutcher Professor of Law and Professor of Psychology, University of Southern California

 
Jonathan Simon

Adrian A. Kragen Professor of Law and Director of the Center for the Study of Law and Society, University of California, Berkeley

 
Christopher Slobogin

Milton Underwood Professor of Law, Affiliate Professor of Psychiatry, and Director of the Criminal Justice Program, Vanderbilt University

 
Elizabeth Smith

Forensic Social Work Fellow, University of Maryland

 
Stephen F. Smith

Professor of Law, University of Notre Dame

 
Cassia Spohn

Foundation Professor of Criminology and Director of the School of Criminology and Criminal Justice, Arizona State University

 
Carol S. Steiker

Henry J. Friendly Professor of Law and Faculty Co-Director of the Criminal Justice Policy Program, Harvard University

 
Jordan M. Steiker

Judge Robert M. Parker Endowed Chair in Law and Director of the Texas Capital Punishment Center, University of Texas

 
Yvonne Stevens

Instructor of Law and Research Fellow & Community Outreach Coordinator for the Center for Law, Science, and Innovation, Arizona State University

 
Megan Stevenson

Assistant Professor of Law, George Mason University

 
Scott E. Sundby

Professor of Law and Dean’s Distinguished Scholar, University of Miami

 
Chris W. Surprenant

Associate Professor of Philosophy and Director of the Alexis de Tocqueville Project on Law, Liberty, and Morality, University of New Orleans

 
Michael Tonry

McKnight Presidential Professor in Criminal Law and Policy, University of Minnesota

 
Jenia I. Turner

Amy Abboud Ware Centennial Professor in Criminal Law, Southern Methodist University

 
Susan Turner

Professor of Criminology, Law, and Society and Director of the Center for Evidence-Based Corrections, University of California, Irvine

 
Steven J. Twist

Adjunct Professor of Law, Arizona State University

 
Xia Wang

Associate Professor of Criminology and Criminal Justice, Arizona State University

 
Robert Weisberg

Edwin E. Huddleson, Jr. Professor of Law and Faculty Director of the Stanford Criminal Justice Center, Stanford University

 
Gary L. Wells

Professor of Psychology, Distinguished Professor of Liberal Arts and Sciences, and Wendy & Mark Stavish Chair in Social Sciences, Iowa State University

 
Michael D. White

Professor of Criminology and Associate Director of the Center for Violence Prevention and Community Safety, Arizona State University

 
Kevin A. Wright

Associate Professor of Criminology, Arizona State University

 
Ronald F. Wright

Needham Y. Gulley Professor of Criminal Law, Wake Forest University

 
Jonathan J. Wroblewski

Director, Office of Policy and Legislation, Criminal Division, U.S. Department of Justice

 
Shi Yan

Assistant Professor of Criminology, Arizona State University

 
Franklin E. Zimring

William G. Simon Professor of Law and Director of the Criminal Justice Research Program, University of California, Berkeley