LW. / LW. Professor Justine Olderman Open to 3L and 2L students Maximum of 8 students |
Year-long course 8 credits* No prerequisites or co-requisites. |
Course Description
The Pretrial Abolition Lab examines the systemic harms of pretrial incarceration and the growing body of research that debunks its efficacy and necessity. Through a multidisciplinary approach, students explore public education and narrative change, conduct research and design pilot projects, develop strategic litigation and law reform strategies, and study innovative non-carceral alternatives to pretrial detention. The Lab empowers students to analyze pretrial practices, create practical solutions, and reimagine a pretrial system without pretrial incarceration. The year culminates in a symposium aimed at building a blueprint for universal pretrial freedom.
Fieldwork
Students will engage in hands-on lab work across five key areas to build a strategy for ending pretrial incarceration: public education and narrative change; research and pilot projects; strategic litigation, law and policy reform, and alternatives to incarceration.
1. Public Education and Narrative Change:
Students will study effective public education and narrative change campaigns, assess the current state of public knowledge and opinion about pretrial incarceration, and develop strategies for shifting the public’s understanding and perspectives about the practice, including surveys, education materials, toolkits, and influence mapping.
2. Research and Pilot Projects:
Students will landscape and catalog the field of pretrial data and research as well as identify key areas for further study. They will also develop ideas for pilot projects to test alternatives to pretrial detention.
3. Strategic Litigation:
Students will study the history of bail and detention, pretrial litigation, and the current state of the law. They will also develop potential legal strategies for overturning the Supreme Court case authorizing the practice and challenging the constitutionality of pretrial detention.
4. Law and Policy Reform Work:
Students will research and assess the laws and policies that have the greatest impact on pretrial incarceration as well as identify new areas for possible reform.
5. Innovative Alternatives:
Students will research counties, states, and countries that are using pretrial incarceration the least, assess the efficacy of alternatives to detention, and develop recommendations for new non-carceral alternatives to pretrial detention.
In addition to this work, the students will help to plan, host, and facilitate a symposium to be held at the end of the year on building a blueprint for ending pretrial detention.
Seminar
The seminar component of the course provides a critical foundation for understanding and addressing the complex issues surrounding pretrial incarceration. Through guided discussions, students will explore the history and evolution of bail and detention practices, delving into the legal frameworks, social dynamics, and systemic inequities that have shaped pretrial systems in the U.S. and beyond. The seminar will examine the presumption of innocence as a legal principle and its erosion through the widespread use of pretrial detention, connecting past practices to contemporary debates and reforms.
Readings will span historical texts, contemporary scholarship, and case studies of jurisdictions that have implemented or resisted reform efforts. Students will analyze the connections between pretrial incarceration and broader issues of racial and socioeconomic inequality, mass incarceration, and public safety narratives. The seminar will also investigate the role of risk assessment tools, their biases, and the implications of framing pretrial detention as a solution to perceived dangerousness.
Discussions will encourage students to reflect on their lab work, connecting theoretical concepts with practical strategies for reform. Students will critically engage with the effectiveness and limitations of current reforms, such as cash bail elimination and preventive detention policies, and assess how these efforts align—or conflict—with abolitionist principles. The seminar will also explore creative approaches to public education, advocacy, and legislative change, emphasizing the transformative potential of narrative shifts in reshaping public understanding of pretrial justice.
This component of the course is designed to foster a collaborative and reflective learning environment where students can deepen their understanding of pretrial systems while developing innovative ideas for building a future without pretrial incarceration.
Application Procedure
Students interested in applying for the Lab should submit the standard application, resume, and transcript online through CAMS. Admission will be based on the written application and an interview. If you have questions regarding the application procedure, please contact Justine Olderman.
Student Contacts
This is a new course; there are no student contacts.
* 8 credits include 2 clinical credits and 2 academic seminar credits each semester.