Prosecutors — Galsworthy Criminal Justice Reform Program

TX: In Harris County Capital Cases, Prosecutors Get to Be the Judges

"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

If a Prosecutor Breaks the Law in Secret, Does the Crime Exist? Not According to Texas Prosecutors

"Prosecutorial misconduct often takes years — and a fair amount of luck — to unearth....Since that’s the case, it hardly seems fair to use only cases in which a court has granted relief as a measure of the extent of misconduct."

The Intercept

June 15, 2018

Prosecutors, Drug CrimeAnthony BradleyJuly 29, 2018The Intercept, Misconduct, Texas, Gang Crime

New York Gang Prosecutions Use Conspiracy Charges to Criminalize Whole Communities

"Defendants in these kinds of cases, often from New York City’s poorest neighborhoods, can’t afford to hire attorneys. The conspiracy charges they face...are broad and hard to fight, because proving individuals “conspired” with others accused of crimes is easier for prosecutors than proving they committed that crime. Threatened with draconian sentences, almost all defendants in these situations agree to plea deals — usually getting years rather decades in prison, and scoring prosecutors dozens of easy convictions."

The Intercept

June 7, 2018

ProsecutorsAnthony BradleyJuly 29, 2018The Intercept, New York City, Misconduct

Meet the Criminal Justice System's Most Powerful Actors

"The power and discretion of prosecutors cannot be overstated. They essentially control the criminal justice system through their charging and plea bargaining decisions."

The Appeal

May 29, 2018

ProsecutorsAnthony BradleyJuly 29, 2018The Appeal

Missouri Supreme Court Reprimands Platte County Prosecutor For Ethical Violations

"The complaint alleged that Zahnd had committed multiple ethical violations when he sought to pressure community members to withdraw letters they had written in support of a convicted child molester prior to his sentencing in October 2015. The OCDC recommended harsher punishment, namely a three-month suspension of Zahnd’s law license. Although the disciplinary panel opted to recommend the more lenient punishment, the Supreme Court’s adoption of its recommendation represents a rare rebuke of a sitting prosecuting attorney."

KCUR Missouri

May 22, 2018

ProsecutorsAnthony BradleyJuly 29, 2018KCUR Missouri, Missouri, Misconduct

Victory for Defendant Autonomy and the Criminal Jury Trial in McCoy v. Louisiana

"Robert McCoy was charged with the murder of three of his family members in Bossier City, Louisiana. The state brought capital charges against him, but McCoy maintained his innocence......But in light of the evidence against him, McCoy’s lawyer thought the best trial strategy would be to admit guilt...McCoy adamantly opposed this plan, but his lawyer pursued it anyway and told the jury that McCoy was guilty. The jury returned three murder convictions and sentenced McCoy to death. Today, the Supreme Court held that it violated the Sixth Amendment for McCoy’s lawyer to admit his guilt over his express objection, and it ordered the state of Louisiana to grant McCoy a new trial."

Cato Institute

May 14, 2018

ProsecutorsAnthony BradleyJuly 29, 2018Cato Institute, Misconduct

On question of requiring unanimous verdicts in Louisiana, opposition often looks overseas

"The push to require Louisiana juries to return unanimous verdicts has resulted in some unusual alliances in Baton Rouge, with Tea Party Republicans lining up alongside members of the Legislative Black Caucus to demand change."

The Advocate

May 12, 2018

ProsecutorsAnthony BradleyJuly 29, 2018The Advocate, Louisiana, Juries

Oregon eyes own changes to split-verdict law: 'Do we really want to be like Louisiana?'

"Oregon for 84 years has shared a constitutional quirk with Louisiana that allows criminal trials to be decided by non-unanimous juries. In every other state — and the federal court system — juries must reach unanimous verdicts in felony cases, whether convicting a serial arsonist or acquitting a low-level drug dealer...That is not the case here, to the shock and chagrin of many locals."

The Advocate

May 12, 2018

ProsecutorsAnthony BradleyJuly 29, 2018The Advocate, Oregon, Louisiana, Juries

The Epidemic of Brady Violations: Explained

"In courtrooms across America, prosecutors regularly withhold evidence from the defense that could blow holes in their cases. That’s a violation of the Brady doctrine, based on a 1963 Supreme Court ruling that requires them to disclose any information favorable to the defense."

The Appeal

April 25, 2018

ProsecutorsAnthony BradleyJuly 29, 2018The Appeal, Brady Violations

The Cruel Ineffectiveness of Sentencing Drug Dealers to Death

"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

Prosecutors, Death Penalty, Drug CrimeAnthony BradleyJuly 29, 2018Cato Institute, Death Penalty, Drug Crime

The Case Against the Prosecution

"Prosecutor elections, which are unique to the U.S. criminal-justice system, were adopted to ensure that prosecutors respond to public needs. In practice, however, they are deeply flawed."

Wall Street Journal

October 20, 2017

ProsecutorsAnthony BradleyJuly 29, 2018Wall Street Journal, Elections

Leniency for sale? Alabama offers first offenders a second chance -- at a price

Alabama's pre-trial intervention program is promising. Yet, enrolling and failing to adhere to a program--one largely shaped by prosecutorial descretion--results in stiff punishment.

The Birmingham News

October 9, 2017

Prosecutors, Pre-trial InterventionAnthony BradleyJuly 29, 2018Birmingham News, Pre-trial, Alabama

Misdemeanor Defendants Facing Jail Time Not Told They Have a Right to Counsel, Bar Association Finds

"American Bar Association monitors report misdemeanor defendants in Nashville often aren’t told they are entitled to a lawyer even when their charges mean they could end up behind bars."

ProPublica

August 14, 2017

ProsecutorsAnthony BradleyJuly 27, 2018ProPublica, Nashville, Tennessee

She Was Convicted of Killing Her Mother. Prosecutors Withheld the Evidence That Would Have Freed Her.

"By the time Noura Jackson’s conviction was overturned, she had spent nine years in prison. This type of prosecutorial error is almost never punished."

New York Times

August 1, 2017

Prosecutors, False ConvictionsAnthony BradleyJuly 27, 2018New York Times

Texas Cracks Down on the Market for Jailhouse Snitches

"The new law requires prosecutors to keep thorough records of all jailhouse informants they use — the nature of their testimony, the benefits they received and their criminal history. This information must be disclosed to defense lawyers, who may use it in court to challenge the informant’s reliability or honesty, particularly if the informant has testified in other cases."

New York Times

July 15, 2017

ProsecutorsAnthony BradleyJuly 27, 2018New York Times, Texas, Snitches, Informants