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February 17, 2017

"The Progressive Prosecutor's Handbook"

The title of this post is the title of this notable new short piece by David Alan Sklansky now available via SSRN. Here is the abstract:

A growing number of chief prosecutors are winning office by pledging a more thoughtful and evenhanded approach to criminal justice — an approach more attentive to racial disparities, the risk of wrongful conviction, the problem of police violence, and the harms of mass incarceration.  But there is no roadmap for progressive prosecutors, no consensus set “best practices” for elected prosecutors who want to make criminal justice not just more effective but also fairer and more humane.

This short essay starts to develop such a roadmap.  It offers ten suggestions to reform-oriented chief prosecutors: decide in advance how you want to be judged, evaluate and reward your attorneys for what you care about, collect and share data, build in second looks, have a clear and generous disclosure policy, do not turn a profit, reduce case delays, investigate police shootings independently and transparently, pay attention to office culture, and diversity your staff.

February 17, 2017 at 04:20 PM | Permalink


End all prosecutorial immunities. When you fail to prosecute and imprison a future rampage killer, when you impose a guilty plea on an innocent defendant, pay for you lawyer malpractice. The prosecutor has dozens of duties to defendants and to the public, set out in statutes covering the Rules of Evidence, of Conduct, and of Criminal Procedure. The violations are torts per se.

Your immunities are a disgrace, and harmful to your specialty. They make you stink at your job, and bring opprobrium on this criminal justice system in utter failure.

Posted by: David Behar | Feb 18, 2017 12:38:38 AM

End all pretextual prosecutions of productive people. Yates criminalized being CEO of productive companies. She should go to prison for her misuse of the law for crass left wing political agenda.

Start a boycott list. Lawyers who attack our economy and the public safety should be shunned by all service and product providers, including doctors.

Posted by: David Behar | Feb 19, 2017 7:40:05 AM

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