Daniel Loehr
@danielloehr.bsky.social
230 followers 380 following 24 posts
Professor at CUNY Law - teaching and writing on criminal law, federalism, and NYC Writing here: https://papers.ssrn.com/sol3/cf_dev/AbsB
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danielloehr.bsky.social
So, the takeaway is that habitual offender laws did not emerge from the tough on crime era in the late 1900s, but instead from the eugenics movement in the early 1900s. The Howard Law Journal published my research on this last month.
Reposted by Daniel Loehr
briannegorod.bsky.social
Powerful words from J. Sotomayor dissenting today in #Skrmetti: "By retreating from meaningful judicial review exactly where it matters most, the Court abandons transgender children and their families to political whims. In sadness, I dissent." www.supremecourt.gov/opinions/24p...
www.supremecourt.gov
danielloehr.bsky.social
This is concerning. TLDR: So much focus on increasing housing supply through deregulation, but maybe increased supply will not solve the problem, because collusive landlords keep prices high regardless. From Renee Tapp with @lpeproject.bsky.social #nyc #housing

lpeproject.org/blog/prices-...
Prices and Supply, and How Landlords Control Them
Attempts to solve the affordable housing crisis rely on a flawed understanding of housing economics and landlord business practices. In reality, landlords are colluding to manipulate the market.
lpeproject.org
danielloehr.bsky.social
After digging around, I learned there is no good reason. Sirens harm EMT workers, harm public health, increase risk of ambulance accidents, and only marginally improve response time, which, for most 911 calls is not needed. Also, other countries have quieter sirens.
danielloehr.bsky.social
Here is the text of the law, 2019 Local Law No. 154: "A person operating a bicycle while crossing an intersection shall follow pedestrian control signals except where otherwise indicated by traffic control devices, and provided that such person
shall yield to pedestrians in the crosswalk."
danielloehr.bsky.social
For anyone that bikes in NYC, you are allowed to bike through an intersection when the walk sign appears, even if the light has not gone green yet. But cops have nonetheless been ticketing people for this. Relevant law below for your reference, along with info about a class action lawsuit suing cops
danielloehr.bsky.social
Not sentencing people to life or decades for multiple convictions. Forever, as far as I can tell, sentences have increased for repeated criminal acts. But only marginal increases. What eugenics did was turn those sentences into reproduction ending ones. And that’s what we still have.
danielloehr.bsky.social
There was significant Catholic resistance to sterilization, which led some states (Colorado being one) to choose long sentences over sterilization
danielloehr.bsky.social
If this was news to you, please spread the word. And if you are a practitioner who wants to connect and learn more about this history, please reach out.

#eugenics #criminallaw #sentencing #crimsky #legalhistory #habitualoffender #threestrikes
danielloehr.bsky.social
My hope now is to correct the record on this, so that judges, DAs, legislators, public defenders, and people serving these sentences have a deeper sense of the history. Many of the laws passed in the early 1900s for eugenic reasons are the same ones on the books today. 49 states have these laws.
danielloehr.bsky.social
So, the takeaway is that habitual offender laws did not emerge from the tough on crime era in the late 1900s, but instead from the eugenics movement in the early 1900s. The Howard Law Journal published my research on this last month.
danielloehr.bsky.social
On balance, eugenicists preferred sentencing to sterilization because it was a tool that faced less backlash. Habitual offender and three strikes laws passed in 42 states in the first half of the 1900. And when the Nazi party came to power in Germany, they quickly passed a three strikes law.
danielloehr.bsky.social
Based on this belief, eugenicists across the country advocated for three strikes laws and similar habitual offender laws to stop “habitual criminals” from reproducing. Eugenicists debated whether they should use sterilization or long sentences as the tool for eradicating “habitual criminals.”
danielloehr.bsky.social
What I found was that these laws were a product of the eugenics movement. Eugenicists believed that people who committed multiple crimes were likely “genetic criminals” such that they could not be cured, and that they would pass criminality to their offspring if allowed to reproduce.
danielloehr.bsky.social
I always thought that habitual offender laws and three strikes laws emerged in the 1990s as part of the tough-on-crime era. But then I was looking through old state codes and I saw a three strikes law from 1923. Then I found dozens from around this time, and wondered (naively) what was going on.