The role of criminal law is to identify, discourage, and, when necessary, punish behavior that harms other people or otherwise threatens the very fabric of civil society. In order to be legitimate, a criminal justice system must accomplish those tasks in a way that is substantively and procedurally fair while ensuring accountability from government officials who abuse their authority. Cato’s research focuses on unconstitutional overcriminalization, self‐defeating policing, coercive plea bargaining, and challenging our policy of near‐zero accountability for law enforcement.
Criminal Justice
Featured Content
Qualified Immunity: A Legal, Practical, and Moral Failure
Qualified immunity is a judicial doctrine that protects public officials from liability, even when they break the law. The doctrine has no valid legal basis, it regularly denies justice to victims whose rights have been violated, and it severely undermines official accountability, especially for members of law enforcement.
The Effect of State Marijuana Legalizations: 2021 Update
New research finds that the strong claims made by both advocates and critics of state‐level marijuana legalization are substantially overstated and in some cases entirely without real‐world support.
State Police Powers and the Constitution
The pandemic is a national problem, but its impact varies by region, state, and even locality and so requires tailored solutions—ones that conform with our nation’s commitment to individual rights and the rule of law.
Capitol Hill Insurrection Fallout: More Bad “No Fly” List Proposals
What’s needed right now is a reminder that every time a major, security‐related national trauma takes place, the public demands Congress “do something” in response, and that congressional response is almost always something the nation regrets later.
Injustice for All: How Financial Incentives Corrupted and Can Fix the US Criminal Justice System
Featured Project
End Qualified Immunity
Qualified immunity is a judicial doctrine that shields public officials, like police officers, from liability when they break the law. Cato’s Project on Criminal Justice chose to make the elimination of qualified immunity one of its top priorities nearly three years ago for the simple reason that civil society is impossible without a well‐functioning criminal justice system.