Is Police Reform Possible? Symposium Reimagining the Criminal Legal System To Support Health Equity

November 12, 2021 / Hybrid Virtual and In-Person

Presented by the Temple Law Review and the Center for Public Health Law Research, Temple University Beasley School of Law

We are in the midst of a nationwide contest over police reform. Finding consensus on the question of whether and how law enforcement systems can be reformed to produce better social results is complicated by deep divisions over what the police are today. There is a respectable body of opinion that holds the police to be so durably militarized, so enmeshed in the structure of a racist criminal legal system, as to be unreformable. Others diagnose the problem as one of fit between police tools and the actual problems they are asked to address; these reformers see potential for reshaping policing within a larger reorganization of government services. And, of course, there are those who are skeptical about the need or possibility of any fundamental reforms, and who therefore focus on incremental improvements within current police agencies and/or in the set of laws they are assigned to enforce. All these discussions of policing and police reform come at a time when many cities are electing “progressive” district attorneys pledging big changes in who gets charged and imprisoned; when “diversion” has become a common, if contested, practice; and the racist and ineffectual character of U.S. drug law has never been plainer. From a public health perspective, data point to the criminal legal and carceral systems as major sources of iatrogenic harm and social determinant of health inequities.  

This Symposium asks how to move forward to make this complex system healthier while avoiding the pressures to accept well-intentioned but ineffective interventions. Where do we need to go now to accurately diagnose the causes of dysfunction and then implement and evaluate reforms that make a measurable difference? What are the pressure points and levers for change in the law, in law enforcement practices, in democratic engagement, and in the level and distribution of resources for human well-being and security in our communities? How does the well-being of individuals and their communities rise to the top as the active force shaping security policies and practices?

For this one-day Symposium, panels bring legal analysis, social theory, and data to bear on key issues for legal and organizational change. Topics include:

  • The problems with using criminal legal systems as gatekeepers to and providers of basic health and social services
  • The economic impact of prison and court debt
  • What reality-based drug policy looks like and the role of problem-solving courts
  • The relationship between crime, eviction policies, and housing shortage
  • The challenges of dismantling structural racism in the criminal legal system
  • The long- and short-term effects of the school-to-prison pipeline

This Symposium seeks to understand less obvious drivers of racial disparities in and exacerbated by the criminal legal system and underexplored routes to causal change.

Session 1: Corrosion and Coercion as Policy

This panel looks at existing policies that impede health equity by denying people of basic resources, such as money and housing.

  • It Takes a Village: Preventing Family Separation through Restorative Justice Principles, Kae Greenberg, CLS Philadelphia
  • Overused and Underexamined: School Discipline and Policing as Drivers of Health Inequity, Thalia Gonzalez and Paige Joki
  • Court-issued Fines and Fees as a Health Issue, Kathleen Noonan, Camden Coalition of Healthcare Providers
  • Municipal Debt burden – Strengthening Economic Opportunity for Families in Debt to Municipal Governments: How Ability to Pay Reforms Advances Racial Equity, Mital Lyons-Warren and Denise Belser, National League of Cities
  • Moderator: Jennifer Lee, Temple University Beasley School of Law

Session 2: How the System Works and What it Costs: Empirical Perspectives

In this research-focused session, presenters will share recent scholarship examining the role and costs of policing and emergency response on individuals with disabilities, people of color, and individuals experiencing mental health emergencies.

  • Opening the Black Box of 911-Triage, Evan Anderson, University of Penn School of Nursing, Jennifer Wood, Temple University College of Liberal Arts
  • Social Costs of Policing: A review of the literature and an agenda for future research, Aaron Stagoff-Belfort and Daniel Bodah, Vera Institute of Justice
  • Over-Impacted and Under-Represented: The Case for Centering Black People with Disabilities in Police Reform, Jamie Ray-Leonetti, Parris Boyd, and Philana Pelligrino, Temple University Institute on Disabilities
  • Suicide Prevention: Achieving Racial Health Equity through Law and Policy Reforms that Limit Police Intervention, April Shaw, Network for Public Health Law
  • Moderator: Scott Burris, Center for Public Health Law Research and Professor of Law and Public Health

Keynote - Dawn Hunter, Network for Public Health Law

Session 3: Better Care in and around the Criminal Legal System

In this rapid-fire session, presenters will offer evidence-based proposals for tackling systemic change in the criminal legal system.

  • Public Health and Police: Building Ethical and Equitable Opioid Responses, Bennett Allen, Center for Opioid Epidemiology and Policy, New York University School of Medicine
  • Healthcare in Tribal Jails: Legal Implications and Potential Solutions, Carolyn Camplain, Center for Health Equity Research, Northern Arizona University
  • Survivors of Human Trafficking Discuss Social Determinants of Health Challenges, Catherine Cerulli, University of Rochester
  • How the Criminal Legal System Fails Pregnant People with Opioid Use Disorder, Lauren Kuhlik, Tycko & Zavareei LLP
  • Adrienne Ghorashi, Center for Public Health Law Research

Session 4: Who’s Driving — Or Blocking — Reform?

This session would look at issues of strategy and politics in reforming the criminal legal system.

  • Bail Reform: Philanthropic Patronage, Politics and Policy Change, Cynthia Golembeski, The New School/Rutgers University/RWJF Health Policy Research Scholar, Matthew Bakko, University of Michigan/RWJF Health Policy Research Scholar, Shayla Wilson, The Bail Project
  • Preemption of Criminal Justice Reform: The State Barrier of Local Efforts to Dismantle Structural Racism, Marissa Roy, Local Solutions Support Center, and Rick Su, University of North Carolina School of Law 
  • Over-Medicalization of Domestic Violence in the Non-Carceral State, Michal Buchhandler-Raphael, Widener Law
  • Decriminalization and Beyond: Centering Health and Communities for Equitable, Reality-Based Drug Policies, Melissa Moore, & Aliza Cohen, Drug Policy Alliance
  • Moderator: Lindsay Cloud, Center for Public Health Law Research

Session 5: New models, New Frameworks

In this TED-style session, presenters will offer new paradigms and frameworks for reimagining and rethinking the criminal legal system to support health equity. Each presenter will “pitch” their idea with an opportunity for audience response.

  • Rethinking Public Safety, Leo Beletsky, Northeastern Law School
  • The New Drug War, Taleed El-Sabawi and Jennifer D. Oliva, Elon Law/Seton Hall University School of Law
  • Breaking the Cycle: A model for reimagined policing policymaking, Jorge Camacho, The Justice Collaboratory at Yale Law School
  • Amplifying City Leadership in Reimagining Public Safety, Kirby Gaherty, National League of Cities, Councilmember Jamie Gauthier, Philadelphia (3rd District)
  • Moderator: Rachel Rebouché, Temple University Beasley School of Law