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.
“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“According to a Marshall Project survey of all 50 states’ laws, you can get charged and convicted as a violent criminal in more than a dozen states if you enter a dwelling that’s not yours. That might seem like a property crime, but it’s often deemed a violent one: burglary.“
The Marshall Project
April 3, 2019
Read More“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“New York state lawmakers have passed a major overhaul of the laws that dictate what evidence must be turned over to defendants facing criminal charges. The new rules require that prosecutors share this evidence, known as discovery, at the earliest stages of a case. If a defendant facing felony charges is offered a plea deal, information must be shared at least three days before his deadline to accept.“
The Marshall Project
April 1, 2019
Read More“New York state lawmakers have passed a major overhaul of the laws that dictate what evidence must be turned over to defendants facing criminal charges. The new rules require that prosecutors share this evidence, known as discovery, at the earliest stages of a case. If a defendant facing felony charges is offered a plea deal, information must be shared at least three days before his deadline to accept.“
The Marshall Project
April 1, 2019
Read More“In an editorial meeting with the Tribune last week, Krasner cited a Columbia University study that found the longer someone is under supervision the higher their risk of getting sent back to prison for a probation violation or losing a job because an employer becomes impatient when an employee has to leave for regular appointments with a parole or probation officer.“
Philadelphia Tribune
March 29, 2019
Read More“The order to vacate the convictions of Clifford Williams and his nephew, Nathan Myers, stems from a recommendation made by Florida’s first-ever conviction integrity review unit, set up by State Attorney Melissa Nelson in 2018. At its heart, the recommendation found that defense lawyers for Williams and Myers failed to present evidence to the jury that would’ve contradicted the single eyewitness prosecutors relied upon to convict the men of murdering Jeanette Williams in her bedroom in 1976.“
Florida Times Union
March 28, 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“‘We start with a presumption that, in most cases, these charges don’t need to be prosecuted,’ Rollins said in a statement accompanying the memo. ‘Dismissal, diversion, treatment, and services are much more often the appropriate outcomes’.“
WBUR Boston
March 26, 2019
Read More“The principal driver of the graying prison population is the growing proportion of lifers, mostly in state prison systems. One in 7 U.S. prisoners is now serving life or a virtual life sentence, a total of more than 200,000 people. In 1984, there were only about 34,000 lifers.“
Washington Post
March 21, 2019
Read More“‘I think people instinctively believed too much supervision is not enough. But it turns out too much supervision is too much. ... It does tremendous harm, and it costs a fortune,’ Krasner said in an interview outlining policies to be announced Thursday. Nationally, about 40 percent of people on probation are reincarcerated, making community supervision a major driver of incarceration. About 40 percent of Philadelphia’s jail population is being held on a detainer for a violation of probation or parole.“
Philadelphia Inquirer
March 21, 2019
Read More“But as cases are being reviewed to assess the impact of officer misconduct, another injustice has come to light: a gap in Maryland state law that prevents prosecutors from seeking relief and addressing past wrongs. A bill in the Maryland legislature would close this gap by authorizing prosecutors to seek to vacate a conviction ‘in the interest of justice and fairness.’ In doing so, it is the latest example of our justice system’s long-standing recognition that prosecutors must be able to fulfill their obligation to seek justice, not merely convictions.“
Washington Post
March 20, 2019
Read More“Earlier this year, Rachael Rollins took office as Suffolk County DA. Many on the left praised her as a progressive reformer, while many on the right portrayed her as a rookie who is soft on crime. Morning Edition Host Joe Mathieu spoke with WGBH’s legal analyst Daniel Medwed to talk about Rollins’ progress just a few months into her tenure. “
WGBH Boston
March 19, 2019
Read More“Rejecting Cannizzaro’s attempt to dismiss the case, U.S. District Judge Jane Triche Milazzo wrote that the district attorney’s subpoena practices, as alleged, amount to ‘systemic fraud’ and ‘shock the conscience.’ According to the judge, his request for immunity would ‘grant prosecutors a license to bypass the most basic checks on their authority.’ We agree.“
New Orleans Times Picayune
March 19, 2019
Read More“The use of bogus documents to alter the course of justice is clearly a bigger threat to the civilized order than many a crime that occupies the attention of Cannizzaro's enforcers. And this was no aberration, because they had been playing this trick for many years. Malice does not come much more forethought than this.“
The Advocate
March 13, 2019
Read More“It also may not be healthy that certain corporations have taken to hiring former prosecutors to help them avert unfair prosecutions. These former prosecutors appear to be preaching voluntary disclosure – urging companies to be as upfront and transparent as possible. The fewer corporate activities seen as furtive, the greater the likelihood that prosecutors will look elsewhere. Transparency always carries a degree of risk; but the risk associated with opacity is, in this instance, far greater.“
Forbes
March 8, 2019
Read More“This is the fourth consecutive election where Evans is unopposed. This is a common pattern in Mississippi. In addition to the 16 incumbent DAs against whom no one filed to run against this year, there is a seventh candidate who isn’t even an incumbent and yet is now sure to win: Assistant District Attorney Daniella Shorter is the only candidate running to replace the retiring Alexander Martin in the 22nd District. It is also a common pattern nationwide. The majority of Wisconsin counties haven’t held a single contested DA election this decade, for instance.“
The Appeal: Political Report
March 7, 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“New York laws on pretrial process are among the most retrograde in the nation. Prosecutors can withhold evidence until the morning of trial. To keep it that way, the district attorneys’ association has made the fear-mongering claim that early disclosure of evidence would enable defendants to intimidate witnesses and victims.“
New York Times
February 28, 2019
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