The Law and Political Economy Movement’s Crime Agenda Hurts Black People

Klick, Jonathan

Journal: University of Chicago Law Review

Volume: 93

Year: 2026

Bluebook Citation: 93 U. CHI. L. REV. (2026)

Author: Jonathan Klick: all 18 publications


Abstract

The law and political economy (LPE) movement claims concern for marginalized communities as a motivation for its crime agenda. However, efforts to defund police, elect progressive prosecutors, and eliminate prisons are likely to generate large costs for the very communities LPE scholars say they care about. Existing empirical analyses demonstrate that Black individuals benefit disproportionately from the deterrence provided by police. This Essay also provides new evidence that progressive prosecutors have put Black people in lethal danger.

Finally, there are reasons to believe that decarceration would not be costless for the Black community.

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