ABSTRACT

This chapter highlights the role criminal procedure has played in this country’s decades-long addiction to imprisonment. Focusing on four key dimensions of the criminal process—policing, bail, plea negotiation, and defense representation—the chapter reveals how various procedural rules and practices facilitate mass arrests, convictions, and imprisonment. The chapter further suggests that those engaged in the struggle for freedom should include among their core demands a program aimed at dismantling the procedural architecture of mass incarceration.