13 Mar The Subtly Radical Reforms of Merrick Garland
Merrick Garland has instituted a number of criminal justice reforms in his memoranda to federal prosecutors.
Prosecutorial Discretion Tag
25 Jan With Prosecutorial Misconduct, No Bad Deed Goes Punished
The majority of wrongful convictions are the product of prosecutorial misconduct. Yet prosecutors almost never face accountability. Why?
17 Nov The Unexpected Impact of Dobbs on Criminal Justice: Part III
There are many unexpected impacts from the Supreme Court's decision in Dobbs, including new prosecutions of pregnant women for substance use.
06 Oct Prosecutors Can Lie, Misrepresent Evidence In Plea Bargains
In the United States, it's okay for prosecutors to lie and misrepresent evidence in an attempt to get a defendant to plead guilty.
20 Aug Prosecutorial Discretion: The Wrong Way on a One-Way Street
When it comes to prosecutorial discretion, the media narrative often depends on which way prosecutors exercise that discretion.
16 Mar The Trial Tax In America
You have the constitutional right to a jury trial in criminal cases in the U.S. But it comes at a cost. That cost is called the "trial tax."
23 Aug Overcharging Another Way For Prosecutors To Assert Power
Prosecutors overcharging defendants has become the rule, not the exception, in the criminal justice system. It's fair to ask why.
18 Aug January 6 Insurrection Plea Deals Showcase Prosecutor Power
The plea deals being offered and accepted in January 6 insurrection cases offer a good opportunity to see the enormous power prosecutors have.
01 Jul Overturned Cosby Conviction Shows Flaws in Prosecutorial Discretion
The fact that Cosby's convictions were overturned made headlines for many reasons, but one should be the flaws with prosecutorial discretion.
10 Jun Pennsylvania DA May Face Accountability after Plea Deal Memo
Allegheny County DA Stephen Zappala may face accountability after his unethical plea deal memo went public, but only time will tell.