Document Type
Brief
Publication Date
2-15-2022
Abstract
Amici are 45 current and former federal, state, and local prosecutors, state attorneys general, and Department of Justice officials with experience prosecuting and establishing policies for prosecuting serious crimes. Amici recognize that humane conditions of incarceration are important to the community’s trust in the fairness of the criminal justice system and, in turn, to individuals’ willingness to report crimes, act as witnesses, and serve as fair and impartial jurors. As stewards of public safety, amici also have an interest in ensuring that incarcerated people—the vast majority of whom are eventually released—are given the opportunity to rejoin society successfully and refrain from committing new offenses. Finally, amici have an interest in promoting international law enforcement cooperation, which depends upon the administration of humane punishment in the United States.<\p>
Amici have a special interest in “preserving public confidence in the fairness of the criminal justice system.” Lockhart v. McCree, 476 U.S. 162, 174–75 (1986) (internal quotation mark omitted). Without the public’s trust and cooperation, prosecutors and law enforcement officials cannot effectively protect public safety. That trust is undermined when community members perceive that aspects of the criminal justice system offend principles of fundamental fairness and human dignity. Although the use of solitary confinement may be appropriate in certain circumstances, amici believe that its overuse impedes the ability of prosecutors and law enforcement officials to protect public safety; undermines the rehabilitative goals of the criminal justice system; and hinders law enforcement’s ability to work with foreign nations.<\p>
Recommended Citation
McQuade, Barbara, "Hope v. Harris: Brief of Amici Curiae Current and Former Prosecutors and Department of Justice Officials in Support of Petitioner" (2022). Appellate Briefs. 83.
https://repository.law.umich.edu/briefs/83
Comments
Amicus: Austin, President Roy L. Jr.; Boston, Sherry; Boudin, Chesa; Bromwich, Michael R.; Brown, Mary Patrice; Butler, A. Bates III; Chavis, Kami N.; Cheney, Kimberly B.; Choi, John; Cody, W. J. Michael; Collins, Alexis; Cotter, Michael; Cummings, William B.; Dehghani-Tafti, Parisa; Dettmer, Michael H.; Dougherty, Michael T.; Eskin, Judge George C.; Flannery, John P. II; Garcetti, Gil; Geise, John; George, Sarah F.; Hummel, John; Krinsky, Miriam Aroni; Lain, Corinna; Levin, Steven H.; Little, J. Alex; Little, Rory K.; McCann, Beth; McCord, Mary B.; McQuade, Barbara L.; O'Neill, Jerome; Olson, Wendy; Pechota, Terry L.; Pocker, Richard; Racine, Karl A.; Reiner, Ira; Rosenthal, Stephen D.; Ryan, Marian T.; Siemon, Carol A.; Sonnett, Neal R.; Taylor, Shannon; Terry, Mary Sue; Torrez, Raul; Vance, Joyce White; Waxman, Seth