Law and Political Economy — Prosecutors — Galsworthy Criminal Justice Reform Program

Prosecutors

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.

Who are “the People” in Criminal Procedure?

“Part of my argument is that the people/defendant dichotomy constructs a limited and exclusionary view of which “public” matters in criminal adjudication. If we think of all members of the public as represented by “the People” and all those who might side with a defendant as “biased,” then we entirely exclude from criminal adjudication those who would disagree with a prosecution or support a defendant.“

Law and Political Economy

November 26, 2018

ProsecutorsPhillip ReevesNovember 26, 2018Law and Political EconomyComment

Prosecutors

Galsworthy CJR Program

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