Vol. 121 No. 5 There are currently more than two million people behind bars in the United States. Over five million people are on probation or some other form of supervised release. Prisoners are serving ever-longer sentences. Presidential and gubernatorial grants of clemency are rare events. The use of jury nullification to check harsh or overbroad laws is viewed by judges and other legal elites with suspicion. These are punitive, unforgiving times.