Criminal courts are often required, in the course of implementing existing doctrines of
constitutional criminal law, to regulate other institutional actors within the criminal justice …

Every day, thousands of defendants, prosecutors, and defense attorneys must make guilty
plea decisions, such as whether to accept a plea offer or proceed to trial. Most defendants …

MostAmericans are rightly enraged when police shoot unarmed civilians, use excessive
force, or engage in unethical practices like planting evidence. However, there is little popular …

The Constitution vests individuals and institutions alike with entitlements. Individuals, for
example, have familiar rights to due process and equal protection,'to free speech and free …

In April 1993, a group of California motorists hit the road to challenge the fifty-five-miles-per-
hour freeway speed limit. The motorists did not violate any laws, or even test any legal …

The maxim “divide and conquer”(divide et impera) is invoked frequently in law, history, and
politics, but often in a loose or undertheorized way. We suggest that the maxim is a …

Three years ago, I was sitting in the audience at an academic conference in lower
Manhattan. I had recently written a paper on plea bargaining, the topic of the conference …

“Plea bargaining is a defining, if not the defining, feature of the federal criminal justice
system”(Brown and Bunnell, 2006: 1063). In plea bargaining, a defendant is faced with a …

This Article offers an unprecedented empirical window into prosecutorial discretion, drawing
on research between 2013 and 2017. The central finding is that jurors play a vital role in …

In 2003, prosecutors offered Weldon Angelos a fifteen-year plea deal to resolve drug and
gun charges. Angelos turned down the offer, was convicted at trial, and was sentenced to …