Opening the black box: Review of prosecution complex
- Brandon L. Garrett
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What if we opened the black box? Prosecutorial discretion has been likened to a black box—a place where no light enters and where none have any reason to look.
See Miller and Wright .Indeed, prosecutorial discretion is assumed to be broad and unreviewable, such that any decisions made are kept in the dark, largely without regard to how they were reached. Perhaps, however, prosecutorial discretion can also be like the black box on a jet, to be opened and examined after a terrible mishap to shed light on what system failures might have caused a crash. Professor Daniel Medwed does just that, having written a compelling account in his new book “Prosecution Complex,” of what it means for prosecutors to do justice by avoiding wrongful convictions .
As prosecutors have become a more and more a central part of our criminal justice system—perhaps the most powerful actors in our vast criminal justice machinery—opening the black box to examine internal workings and procedures bec
- Miller, M. L., & Wright, R. F. (2008). The black box. Iowa Law Review, 94(125), 129.
- Medwed, D. S. (2012). Prosecution complex: America’s race to convict and its impact on the innocent. New York: NYU Press.
- Bibas, S. (2009). Rewarding prosecutors for performance. Ohio State Journal of Criminal Law, 6(441), 445.
- Bibas, S. (2009). Prosecutorial regulation versus prosecutorial accountability. University of Pennsylvania Law Review, 157, 959.
- Meares, T. L. (1995). Rewards for good behavior: influencing prosecutorial discretion and conduct with financial incentives. Fordham Law Review, 64(851), 873–77.
- Fisher, S. Z. (1988). In search of the virtuous prosecutor: a conceptual framework. American Journal of Criminal Law, 15(197), 206.
- Bowers, J. (2008). Punishing the innocent. University of Pennsylvania Law Review, 156, 1117.
- Barkow, R. (2009). Organizational guidelines for the prosecutor’s office. Cardozo Law Review, 31, 2089.
- Garrett, B. L. (2007). Structural reform prosecution. Virginia Law Review, 93, 853.
- Opening the black box: Review of prosecution complex
Crime, Law and Social Change
Volume 58, Issue 5 , pp 567-573
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- Springer Netherlands
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- 1. Roy L. and Rosamund Woodruff Morgan Professor of Law, University of Virginia School of Law, Charlottesville, VA, USA