The Good, the Bad and the Local: The Changing Face of Federalism in Criminal Justice

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We often think of criminal policy as being local, yet it is also true that the United States’ unique multi-tiered political system exerts pressure on criminal policy and shapes it ways that sometimes empowers higher levels of government. Historically, this dynamic has been considered an unalloyed good, for the federal government in particular traditionally acted as a bulwark against the tyranny of the majority in favor of individual rights.  More recently, however, many have noted both the rise of political power by racial minorities in cities and their increasing ability to control local social policy agendas, including criminal policy.  This panel will explore these dynamics in the context of enforcement of immigration laws, investigation and suppression of terrorism.