Abstract
This Comment delves into the fundamental right to familial association and integrity in the United States, tracing its historical significance and its erosion in the criminal legal system. Focusing on the Ninth Circuit’s case, United States v. Magdaleno, it scrutinizes a supervised release condition that restricts interactions with siblings, revealing a potential avenue for family separation through community supervision. Recognizing the historical legacy of family separation, particularly affecting communities of color, this Comment emphasizes the disproportionate impact Magdaleno is poised to have on the Black community, perpetuated by racially-biased policies. By concentrating on the specific ramifications of the Magdaleno ruling on the Black community, this Comment highlights the stark racial disparities within the criminal legal system. It argues that the ruling, influenced by a history intertwined with enslavement and the criminalization of Blackness, will disproportionately affect the Black community, both in terms of numbers and through the consideration of cultural and socioeconomic factors.
Structured into five parts, this Comment provides foundational knowledge on supervised release, explores the interconnectedness of family separation, gang enforcement, and community supervision with Blackness, and analyzes the Magdaleno case. It further elucidates the implications of the court’s ruling, including the expansion of the carceral state, perpetuation of family separation, and increased recidivism, especially for the Black community. As an in-depth examination rooted in Critical Race Theory (CRT), this Comment seeks to contribute to the discourse surrounding racial disparities and colorblind policies within the criminal legal system. By offering abolitionist approaches to supervised release, it advocates for reforms that align with constitutional ideals, ultimately urging the nation to prioritize community care and nonpunitiveness in its approach to harm and punishment.
