Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2012 Decarceration Courts: Possibilities and Perils of a Shifting Criminal Law Allegra M. McLeod Georgetown University Law Center,
[email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1276 100 Geo. L.J. 1587-1674 (2012) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Courts Commons, Criminal Law Commons, Judges Commons, and the Jurisprudence Commons Decarceration Courts: Possibilities and Perils of a Shifting Criminal Law ALLEGRA M. MCLEOD* A widely decried crisis confronts U.S. criminal law. Jails and prisons are overcrowded and violence plagued. Additional causes for alarm include the rate of increase of incarcerated populations, their historically and internationally unprecedented size, their racial disproportionality, and exorbitant associated costs. Although disagreement remains over the precise degree by which incarcera- tion ought to be reduced, there is a growing consensus that some measure of decarceration is desirable. With hopes of reducing reliance on conventional criminal supervision and incarceration, specialized criminal courts proliferated dramatically over the past two decades. There are approximately 3,000 specialized criminal courts in the United States, including drug courts, mental health courts, veterans courts, and reentry courts. The existing scholarly commentary on specialized criminal courts is largely trapped in the mode of advocacy, alternately celebratory or disparaging, and insufficiently attentive to the remarkable variation between different specialized criminal courts. In contrast, this Article takes a closer and more critical look at the marked expansion of these courts as a peculiar strategy to devise alternatives to conventional jail- and prison-based sentenc- ing.