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"How Prosecutor Elections Fail Us"

By Douglas A. Berman

The title of this post is the title of this new piece on SSRN from Professor Ron Wright.  I heard Ron present this work at an early stage, and it mines so many interesting and important issues from fresh perspectives.  Here is the abstract: There are several methods for holding prosecutors accountable in this country.  Judges enforce a few legal boundaries on the work of prosecutors.  Prosecutors with positions lower in the office or department hierarchy must answer to those at the top.  But none of these controls binds a prosecutor too tightly.  At the end of the day, the public guards against abusive prosecutors through direct democratic control. Does the electoral check on prosecutors work?  There are reasons to believe that elections could lead prosecutors to apply the criminal law according to public priorities and values...continue to full post

Full post as published by Sentencing Law and Policy on February 17, 2009 (boomark / email).