The Test of Public Reason
How to implement the test of public reason for policing and more.
Episode Notes
In this Slate Plus segment, Sarah Lustbader, senior contributor to the Appeal and senior legal counsel for the Justice Collaborative, and Barry talk about how to implement the test of public reason for policing, as explored in Episode 2: Police Discretion. They also discuss how the existing system has judges and prosecutors presume that arrest is the default rightful response to lawbreaking, rather than being a default wrongful response for malum prohibitum crimes.