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.
"Since then, legislation sponsored by Sen. John DeFrancisco (R-Syracuse) passed both the Senate and Assembly with bipartisan support. It would create the nation’s first Commission on Prosecutorial Conduct. Mirroring New York’s Commission on Judicial Conduct, which handles complaints against judges, it would have the power to investigate citizens’ allegations of prosecutor malfeasance and recommend sanctions."
New York Daily News
July 30, 2018
Read More"Krasner, who took office in January, styles himself a progressive, but his objectives dovetail closely with those of conservative and libertarian justice reformers. All share a broader vision of radically reshaping a criminal justice system that is deeply unjust and out of line with American constitutional and moral values."
The American Conservative
July 30, 2018
Read More"There is a sensible alternative that would help alleviate all of the landmines that litter this playing field: judicial supervision of any communications between trial lawyers and prosecutors in post-conviction. It is not only in the client’s interest, the post-conviction lawyer’s interest (by ensuring that the trial lawyer does not over-disclose), and the trial lawyer’s interest (by ensuring again that she does not break the rules), but also the prosecutor’s interest because the rules implicate every lawyer involved."
The Open File
July 25, 2018
Read More"One major hurdle in these delayed-disclosure cases is that courts put the burden on the defense to prove that the delay prejudiced them. It then discounts any argument made on the basis that it is speculative. Why should the defense bear the burden when the Government has either intentionally gamed the system or unintentionally failed to meet its obligations?"
The Open File
July 18, 2018
Read More"The probe could call into question hundreds of criminal convictions that involved either Wang’s investigative work or testimony. In 2013, Wang was accused of misconduct including accepting bribes from drug dealers, outing a police informant and alerting a gang member to sensitive police information."
East Bay Times
July 13, 2018
Read More"Material witness warrants are meant to be used to arrest and detain people in unusual cases where prosecutors can prove that their testimony is essential to a case and that there’s reason to think the witness will not appear in court. The practice has recently come under fire in many places for enabling the detention of innocent people."
The Appeal
July 13, 2018
Read More"The state bill passed with bipartisan support in both the Assembly and the Senate, and awaits Cuomo’s signature or veto. The commission, consisting of eleven judges, prosecutors, and defense attorneys appointed by the state’s chief judge, the governor, and legislative leaders, would be empowered to investigate and recommend disciplinary action against prosecutors in the state accused of misconduct."
Gotham Gazette
July 12, 2018
Read More"Whether Mueller is overstepping his authority is a matter of opinion. But this conservative indignance rings hollow. For over three decades, conservatives—and many liberals—have encouraged the expansion of prosecutorial power. They’ve sat idly by as the prison population exploded."
The Appeal
July 11, 2018
Read More"People looking at the growth of mass incarceration are increasingly focusing on the key role that prosecutors play, and in just six months Krasner has already radically changed that role. Chris Hayes got a chance to talk to Larry Krasner about 'storming the palace doors':"
NBC
July 10, 2018
Read More"Fast forward 22 months, and the murder cases against two of the three suspects originally charged have collapsed, with a forensic psychiatrist saying the interrogation of Victoria’s mother, on which the cases were based, was conducted improperly and yielded false admissions and contaminated statements. Indeed, District Attorney Raúl Torrez now says that much of what the public was told about the case is just plain wrong."
The Albuquerque Journal
July 8, 2018
Read More"Public defenders have long argued that the earlier prosecutors show evidence to the defense, including evidence about the credibility of police officers and witnesses, the easier it is to weed out bad cases and prevent wrongful prosecutions. Strong cases persuade defendants to plead guilty, while weak ones fall apart before the accused has spent a long time in jail, they contend."
New York Times
July 8, 2018
Read More"First, there were so many people in Dothan who would revel in his downfall. In a place known for the excesses of its criminal justice system, Mr. Glasgow has been the critic in chief of the police, prosecutors and jailers. And then there is the fact that he did not actually kill anyone."
New York Times
July 7, 2018
Read More"Johnson is the prosecutor who cake-walked a couple of trigger-happy cops through the justice system after the thoroughly outrageous 2010 shooting of Caroline Small, the mother of two who was unarmed and trapped in her car after a slow-speed chase."
Atlanta Journal-Constitution
July 5, 2018
Read More"Did a Louisiana police chief and a prosecutor cross a line when they issued televised threats to a man who'd just been granted relief by a federal appeals court in a child killing?"
The Appeal
July 3, 2018
Read More"Last month, a bipartisan piece of legislation passed both the Republican-controlled New York State Senate and the Democrat-controlled Assembly. It would create a Commission on Prosecutor Conduct, with investigatory and subpoena power to respond to complaints made by everyday people who have grievances regarding their local district attorneys and their assistant prosecutors."
New York Daily News
July 2, 2018
Read More"Why Calcasieu? The parish is a four-hour drive from Caddo, all the way in the far south part of the state, so it’s not for convenience’s sake. Perhaps it’s because DeRosier’s office still reflects an antiquated outlook, where being tough on crime and winning to win is the driving ethos."
The Appeal
June 29, 2018
Read More"When Datesman was convicted in 1983, Pennsylvania governors were still commuting dozens of life sentences. But in subsequent decades, the process all but ground to a halt in part as a reaction to the violent crime spree of Reginald McFadden, a commuted juvenile lifer, in 1994."
Philadelphia Inquirer
June 28, 2018
Read More"“District attorneys in rural and suburban areas tend to be much more punitively oriented, … with harsh, tough-on-crime rhetoric, and a lot of that follows from the attitude of the people that live in those areas,” Bucklen said. “They’re responding to the people that elected them.”"
Philadelphia Inquirer
June 26, 2018
Read More"The debate, held at the Suffolk County House of Correction, was organized by the American Civil Liberties Union and the local sheriff’s department. It was billed as the first political debate in the country to take place inside a jail."
New York Times
June 26, 2018
Read More"Most DA offices, however, just pocket the money and run, according to the enter. They “do not screen tickets, counsel motorists or provide any rehabilitative programming,” according to the complaint. They do, however, charge enough to realize a handsome profit, which provides a significant subsidy for their other operations. In some cases, traffic ticket diversion fees account for half the DA's overall budget. Some district attorneys make sure the money keeps rolling in by hiring off-duty cops just to pull drivers over."
The Advocate
June 23, 2018
Read More