Criminal Justice in Divided America: Can Democracy Survive a Broken Justice System?

Stanford Legal

Criminal law expert and Stanford Law Professor David Sklansky joins Pam Karlan to discuss his book Criminal Justice in Divided America: Police, Punishment, and the Future of Our Democracy, published in January. In this episode, they explore what he sees as the failures of America’s criminal justice system—from overly harsh sentences and prosecutorial abuses to the under-utilization of the jury system—that don’t just harm individuals, but erode the very foundations of democratic governance. They also examine the rise and fall of community policing, the role of mental health in police encounters, and the impact of jury service on civic engagement, offering insights into how criminal justice shapes political and social landscapes while proposing steps toward reform.

Sklansky, a former federal prosecutor, teaches and writes about policing, prosecution, criminal law and the law of evidence at Stanford Law, where he is also the faculty co-director of the Stanford Criminal Justice Center.

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• Pam Karlan >>> Stanford Law School Page
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Links:

• David Sklansky >>> Stanford Law page
• Criminal Justice in Divided America, Police, Punishment, and the Future of Our Democracy >>> Stanford Lawyer magazine online feature

(00:00:00) Chapter 1: Criminal Justice and the Erosion of Democracy
Pam Karlan welcomes professor David Sklansky and explains the link between the crises of criminal justice and democracy, discussing how failures in criminal law and policy have undermined democratic values. The conversation touches on racial disparities, equal protection, and how the criminal justice system has contributed to public distrust in government institutions.

(00:05:15) Chapter 2: Policing and Polarization
Karlan and Sklansky delve into the historical role of policing in fueling political polarization, particularly during the rise of crime as a central political issue in the late 20th century. Sklansky highlights the impact of police abuse on public confidence, the Republican Party's pivot toward tough-on-crime policies, and how bipartisan approaches to policing briefly improved public trust.

(00:09:12) Chapter 3: The Rise and Fall of Community Policing
The discussion focuses on community policing as a promising reform effort that ultimately fell short. Sklansky critiques its limited engagement with younger residents and those affected by police violence. He explains how the movement's failure to address systemic issues, like excessive police violence, eroded its credibility and relevance in modern reform conversations.

(00:14:15) Chapter 4: Guns, Policing, and Mental Health Crises
The discussion explores the connection between America's lax gun laws and police killings, highlighting the role of training and the unique challenges posed by mental health crises. Sklansky addresses the need for better collaboration between police and other services while emphasizing the importance of proper training in de-escalation.

(00:19:00) Chapter 5: Small Police Departments and Training Challenges
Karlan and Sklansky examine the implications of having too many decentralized police departments in the U.S. They discuss issues like poor training, rehiring problematic officers, and the proliferation of SWAT teams. Sklansky offers insights on potential reforms and the influence of state and federal coordination in improving policing.

(00:21:32) Chapter 6: The Role of Juries in Democracy
Karlan and Sklansky delve into the jury system as a cornerstone of democracy, discussing its impact on civic engagement, cross-sectional representation, and public trust. They highlight the need for systemic changes to improve accessibility, fair cross-section representation, and community participation in jury duty.