Currently, prosecutors in both the juvenile and adult criminal justice systems have too much discretion in pressing charges, determining what sentences are sought, and negotiating plea deals. Trial by jury is a key tenant of the American criminal justice system, but heightened prosecutorial power significantly reduces the power and frequency of a trial by peers. Attempts at sentencing reform must address largely unchecked prosecutorial discretion.
“California Gov. Gavin Newsom’s recent decision to close the nation’s largest death row is a defining position of moral leadership and the right thing — not just for Californians, but for the country. President Trump should follow his lead.“
The Hill
April 2, 2019
Read More“Under the law of parties, if people conspire together to commit a felony (in this case, armed robbery), and one person commits an additional felony in furtherance of the first one that could have been anticipated, ‘all conspirators are guilty of the felony actually committed, though having no intent to commit it.’ In other states, a similar doctrine is known as felony murder.“
The Appeal
March 28, 2019
Read More“A new poll found that Californians, by a 2-to-1 margin, support sentencing first-degree murderers to life in prison rather than the death penalty, an indication that Gov. Gavin Newsom’s recent decision to impose a moratorium on executions may align with public sentiment against capital punishment. The poll results could potentially revive efforts to abolish the death penalty in California, including a proposed constitutional amendment being considered in the state Legislature that could land on the 2020 ballot, and embolden Newsom to take additional action against capital punishment.“
LA Times
March 27, 2019
Read More“In 2004, 40 percent of murder convictions in Pennsylvania started as death-penalty cases, according to a review of state data by The Morning Call. By 2017, that number had dropped more than threefold, to 12 percent of murder convictions, the lowest rate in 14 years.“
The Morning Call
March 3, 2019
Read More“Last week, the Washington Supreme Court, in a fairly pointed opinion, declared that, at least in its jurisdiction, numbers have real meaning. And to those who have eyes to see, numbers make clear the truth about death-sentencing: It is arbitrary and racist in its application.“
The Atlantic
October 14, 2018
Read More“Although America’s use of the death penalty is declining rapidly, even with fewer cases, courts are not getting better at ensuring that only the most culpable are sentenced to death, and the system is deeply broken. Below, we explore the state of the death penalty in America today.“
The Appeal
September 24, 2018
Read More"While it is not unusual for judges to ask parties to submit proposed findings before they make a ruling, it should be unusual for them to simply adopt one party’s document without reading it, without editing it, without considering it. The fact-finding process is meant to be adversarial, even more so in high-stakes capital cases. When courts just adopt the State’s documents verbatim, due process is rendered meaningless; judges have ceded whatever authority they have, handing it over to the State."
Prosecutorial Accountability Project
June 19, 2018
Read More"Not only will the death penalty not deter drug traffickers, it could have unintended consequences as more innocent people are coerced into smuggling drugs."
Cato Institute
March 28, 2018
Read More