Document Type
Article
Publication Date
10-2021
Journal Title
Ohio State Journal of Criminal Law
ISSN
1546-7619
Abstract
As scholars and advocates have lamented the deficiencies of remedies pre- and post-conviction for the extraordinary, the “ordinary” are not saddled with slow and deficient remedies -- they have none. This Essay explores this absence of such relief for those unable to make an extraordinary claim during the COVID-19 public health crisis of 2020. For the ordinary men, women, and children held in custody in 2020 and beyond, pretrial detention and sentencing laws make no exception in the face of a potentially fatal contagion or the public health crisis it creates. Yet, the pandemic highlights the reality that systematic flaws -- carceral systems that permit mass infection within and outside their walls and release triggers premised on extraordinary circumstances or conditions -- are a sort of roulette of disaster for ordinary people in custody who lack access to pre- and post-conviction relief. As problematic as these flaws are, they also represent an opportunity to reconsider the priorities that animate such relief and to question (or reimagine) systems that rebalance those priorities not just around the lives of the extraordinary, but around the lives of the ordinary.
First Page
427
Last Page
447
Num Pages
21
Volume Number
18
Issue Number
2
Publisher
Ohio State University, Moritz College of Law
Recommended Citation
Jenny E. Carroll,
COVID-19 Relief and the Ordinary Inmate,
18
Ohio St. J. Crim. L.
427
(2021).
Available at:
https://scholarship.law.tamu.edu/facscholar/2051