Two new must-reads from SSRN

Two of my favorite profs have new pieces on SSRN.  Here are the titles, links and abstracts:

• Prosecutorial Shaming by Adam M. Gershowitz:

This Article explores the unfortunately large number of instances in which appellate courts reverse convictions for serious prosecutorial misconduct but do not identify the names of the prosecutors who committed the misconduct. Because judges are reluctant to publicly shame prosecutors whose cases are reversed, this Article advocates that a neutral set of third parties undertake the responsibility of publicly identifying prosecutors who commit serious misconduct. The naming of prosecutors will shame bad actors, provide a valuable pedagogical lesson for junior prosecutors, and signal to trial judges that certain prosecutors must be monitored more closely to avoid future misconduct.

• Guidelines Simplification: Still an Urgent Priority Post-Booker by Michael M. O'Hear

This Essay argues that Federal Sentencing Guidelines would benefit from substantial restructuring and simplification.  Although the status of the Guidelines has recently changed from mandatory to merely advisory, the Guidelines remain a highly influential part of the federal sentencing process, and their reform remains an urgent priority. Simplified guidelines, as proposed in 2006 by a working group of sentencing experts, would provide fairer sentences, better accommodate new procedural safeguards, and insulate the Guidelines from counterproductive tinkering by the political branches. This Essay appears as part of a forthcoming issue of the Federal Sentencing Reporter (Vol. 20, No. 5) containing advice on sentencing policy for the new President and Congress.