The Corporate Insanity Defense
The Corporate Insanity Defense Corporate criminal justice rests on the fiction that corporations possess “minds” capable of instantiating culpable mens rea. The retributive and deterrent justifications for punishing criminal corporations…
Slouching Towards Autonomy: Reenvisioning Tribal Jurisdiction, Native American Autonomy, and Violence Against Women in Indian Country
Slouching Towards Autonomy: Reenvisioning Tribal Jurisdiction, Native American Autonomy, and Violence Against Women in Indian Country Native American women face rates of sexual violence far beyond those experienced by any…
Peremptory Challenges: Preserving An Unequal Allocation and the Potential Promise of Progressive Prosecution
Peremptory Challenges: Preserving An Unequal Allocation and the Potential Promise of Progressive Prosecution In the United States, the relative allocation of peremptory challenges afforded to the defense and prosecution is…
The Specific Deterrent Effects of Criminal Sanctions for Intimate Partner Violence: A Meta-Analysis
The Specific Deterrent Effects of Criminal Sanctions for Intimate Partner Violence: A Meta-Analysis A dozen systematic reviews published since 1978 have sought to clarify the complexities of deterrence theory. These…
Criminalizing China
Criminalizing China The Department of Justice launched the China Initiative in November 2018 to counter national security threats emanating from the People’s Republic of China (PRC). By June 2020, the…
Unshackling Plea Bargaining from Racial Bias
Unshackling Plea Bargaining from Racial Bias “History, despite its wrenching pain, cannot be unlived, if faced with courage, need not be lived again.” Dr. Maya Angelou When an African American…
Progressive Prosecution in a Pandemic
Progressive Prosecution in a Pandemic Read the syndicated article here
Prosecutors and their State and Local Polities
Prosecutors and their State and Local Polities Prosecutors routinely decline to file charges in individual cases; sometimes they also announce general policies about declinations that apply prospectively to entire categories…
Rural Spaces, Communities of Color, and the Progressive Prosecutor
Rural Spaces, Communities of Color, and the Progressive Prosecutor The concept of the progressive prosecutor has captured the attention of many newspapers, media outlets, district attorney candidates, legal scholars, and…
Race, Reform, & Progressive Prosecution
Race, Reform, & Progressive Prosecution The progressive prosecution movement is one of the most recent efforts to reform the United States criminal justice system. In this Article, I analyze two…
When Prosecutors Politick: Progressive Law Enforcers Then and Now
When Prosecutors Politick: Progressive Law Enforcers Then and Now A new and recognizable group of reform-minded prosecutors has assumed the mantle of progressive prosecution. The term is hard to define…
Expanding the Reach of Progressive Prosecution
Expanding the Reach of Progressive Prosecution Read the syndicated article here