Adam Gershowitz and Laura Killinger rightly explore an important problem that prosecutors face: they are spread too thin trying to prosecute too many cases. Their thoughtful, well-written article is an important contribution to the field and usefully complements the burgeoning literature on the underfunding of criminal defense. As they argue, prosecutorial overwork harms justice in any number o...

In the American criminal justice system, prosecuting attorneys arguably enjoy broader discretion than any other system actor. Research, however, is beginning to show that prosecutorial discretion is not nearly as unconstrained as initially thought. Relying on in-depth interviews and surveys of prosecutors in two large urban/suburban county prosecutors’ offices, this article examines prosecutors...

There is little dispute that racial disparities pervade the contemporary American juvenile justice system. The persistent overrepresentation of youth of color in the system suggests that scientifically supported notions of diminished culpability of youth are not applied consistently across races. Drawing from recent studies on implicit bias and the impact of race on perceptions of adolescent cu...

Prosecutorial discretion is a problem that most scholars attack from the outside. What forces should constrain or guide prosecutors to pursue the right numbers and types of cases, rank them well, treat them equally, behave ethically, invest appropriate effort, and seek fitting punishments? Most scholars favor external institutional solutions, such as ex ante legislation or ex post judicial and ...

This article discusses how prosecutors should conduct themselves in light of the principle that has traditionally ben thought to define the prosecutor’s professional ethos: “the duty to seek justice.” Part I sketches the outlines of this concept, both historically and in its contemporary incarnation. Part II offers two reasons for asking why prosecutors should seek justice. Part III examines al...

All over the world judicial systems are under tremendous pressure as the instruments used by citizens to access their full rights. The erosion of other state powers has transferred expectations of social intervention or, at least, protection for the rights of the weak and vulnerable, to the sphere of justice. Hence, in some countries the social role of judges or public prosecutors has become mo...

In the cases of corporate crime, US prosecutors can lodge charges against the corporation, its managers, or both. However, the emergence of systemically important firms, most notably in the financial sector, constrains prosecutors. This paper develops a new model of corporate criminal liability and shows how the Too Big To Jail problem reduces the deterrence effect of a crime control policy rel...

Recent legislation has expanded the jurisdiction of the federal government over crimes that were traditionally prohibited only by state law. Previous work has neglected the potentially important role of prosecutors' incentives in allocating cases to the federal and state systems. We model the decision-making process of state and federal prosecutors, and, using data from state and federal inmate...

Results of a provincial survey of Judges and Crown Prosecutors to determine specifically, their attitudes, knowledge, behaviors and training needs related to Fetal Alcohol Spectrum Disorders. In general, the survey results suggest that while aware of some aspects of FASD, Judges and Prosecutors both desire and need more education and training to support them in their work with individuals with ...