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Series

Criminal Procedure

Prosecutors

2020

Articles 1 - 4 of 4

Full-Text Articles in Law

Expanding The Reach Of Progressive Prosecution, Jeffrey Bellin Oct 2020

Expanding The Reach Of Progressive Prosecution, Jeffrey Bellin

Faculty Publications

No abstract provided.


The Changing Role Of The American Prosecutor, Jeffrey Bellin Oct 2020

The Changing Role Of The American Prosecutor, Jeffrey Bellin

Faculty Publications

No abstract provided.


Theories Of Prosecution, Jeffrey Bellin Aug 2020

Theories Of Prosecution, Jeffrey Bellin

Faculty Publications

For decades, legal commentators sounded the alarm about the tremendous power wielded by prosecutors. Scholars went so far as to identify uncurbed prosecutorial discretion as the primary source of the criminal justice system’s many flaws. Over the past two years, however, the conversation shifted. With the emergence of a new wave of “progressive prosecutors,” scholars increasingly hail broad prosecutorial discretion as a promising mechanism for criminal justice reform.

The abrupt shift from decrying to embracing prosecutorial power highlights a curious void at the center of criminal justice thought. There is no widely accepted normative theory of the prosecutorial role. As …


Defending Progressive Prosecution: A Review Of Charged By Emily Bazelon, Jeffrey Bellin Jan 2020

Defending Progressive Prosecution: A Review Of Charged By Emily Bazelon, Jeffrey Bellin

Faculty Publications

"Progressive prosecutors" are taking over District Attorney's Offices across the nation with a mandate to reform the criminal Justice system from the inside. Emily Bazelon's new book, Charged: The New Movement to Transform American Prosecution and End Mass Incarceration, chronicles this potentially transformative moment in American criminal Justice.

This Essay highlights the importance of Charged to modern criminal justice debates and leverages its concrete framing to offer a generally applicable theory of prosecutor-driven criminal justice reform. The theory seeks to reconcile reformers' newfound embrace of prosecutorial discretion with long-standing worries, both inside and outside the academy, about the dangerous …