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Partnering For Change: Lawyer-Leadership In The Manhattan Da's Office, Davis Polk Leadership Initiative
Partnering For Change: Lawyer-Leadership In The Manhattan Da's Office, Davis Polk Leadership Initiative
Davis Polk Leadership Initiative
In April 2021, the Manhattan DA’s Office announced that it would stop prosecuting theoffenses of prostitution and loitering for the purpose of prostitution. The Office shifted itspolicy, the first of its kind in New York State and one of the first in the nation, in an effort tominimize contact with the criminal justice system and the adverse consequences of arrest andconviction for these offenses. The Office promptly moved to dismiss nearly 6,000 pendingcases.
The policy shift was years in the making — the result of careful exploration of alternatives incollaboration with affected communities in the face of strong competing values …
The Influence Of Systems Analysis On Criminal Law And Procedure: A Critique Of A Style Of Judicial Decision-Making, Bernard E. Harcourt
The Influence Of Systems Analysis On Criminal Law And Procedure: A Critique Of A Style Of Judicial Decision-Making, Bernard E. Harcourt
Faculty Scholarship
This draft analyzes the birth and emergence of the idea of the “criminal justice system” in the 1960s and the fundamentally transformative effect that the idea of a “system” has had in the area of criminal law and criminal procedure. The manuscript develops a critique of the systems analytic approach to legal and policy decision making. It then discusses how that critique relates to the broader area of public policy and contemporary cost-benefit analysis.
The draft identifies what it calls “the systems fallacy” or the central problem with approaching policy questions from a systems analytic approach: namely, the hidden normative …