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.
“Progressive reformers still obsessing over so-called mass incarceration think that the best way to reduce imprisonment is to curtail the power of prosecutors’ offices. They believe that prosecutors caused the prison buildup and that DAs persist in maximizing incarceration even though crime is down. These critics are mistaken, and their proposals are unnecessary, risky, and misguided. “
National Review
May 15, 2019
Read More“Emily Bazelon’s new book about the American judicial system reads like two books. Both are crucial to understanding the wretchedness of the American criminal legal process, and both offer something missing from most other books about mass incarceration: hope.“
Washington Post
April 19, 2019
Read More“Journalist and Yale Law lecturer Emily Bazelon attributes America's high incarceration rates to prosecutors more than judges. She says that in the 1980s, when crime was on the rise, legislators across the country passed laws with mandatory minimum sentences that have disproportionately affected black and brown communities.“
NPR
April 10, 2019
Read More“Though some prosecutors and state legislatures are now embarking on serious reforms, there’s still so much further to go. Bipartisan support is increasing but still has to build. The candidate for president who makes that happen can reap political benefits — and more important, make America so much better.“
New York Times
April 5, 2019
Read More