Law and Society
The Worldwide Accountability Deficit for Criminal Prosecutors (with Marc L. Miller), Washington and Lee Law Review (2011)
In democratic governments committed to the rule of law, prosecutors should be accountable to the...
Public Defender Elections and Public Control of Criminal Justice, Missouri Law Review (2010)
Voters in the United States select some of the major actors in criminal justice, but...
How Prosecutor Elections Fail Us, Ohio State Journal of Criminal Law (2009)
There are several methods for holding prosecutors accountable in this country. Judges enforce a few...
The Black Box (with Marc L. Miller), Iowa Law Review (2008)
Classic accounts of prosecutorial discretion, from Herbert Wechsler through the present day, portray charging discretion...
Systematic Content Analysis of Judicial Opinions (with Mark A. Hall), California Law Review (2007)
Our article traces the use of “content analysis” — a standard research technique in political...
The Power of Bureaucracy in the Response to Blakely and Booker, Houston Law Review (2006)
How will different jurisdictions respond to the recent Supreme Court decisions in Blakely v....
The Political Economy of Up-Front Fees for Indigent Criminal Defense (with Wayne A. Logan), William and Mary Law Review (2006)
In this article, we trace the origin and spread of state laws designed to...
Trial Distortion and the End of Innocence in Federal Criminal Law, University of Pennsylvania Law Review (2005)
This article starts with a troubling and unnoticed development in federal criminal justice: acquittals...
Criminal Justice
The Worldwide Accountability Deficit for Criminal Prosecutors (with Marc L. Miller), Washington and Lee Law Review (2011)
In democratic governments committed to the rule of law, prosecutors should be accountable to the...
Public Defender Elections and Public Control of Criminal Justice, Missouri Law Review (2010)
Voters in the United States select some of the major actors in criminal justice, but...
How Prosecutor Elections Fail Us, Ohio State Journal of Criminal Law (2009)
There are several methods for holding prosecutors accountable in this country. Judges enforce a few...
Charge Movement and Theories of Prosecutors (with Rodney L. Engen), Marquette Law Review (2008)
The charges filed at the start of a criminal case often move down to less...
Dead Wrong (with Marc L. Miller), Utah Law Review (2008)
DNA-driven exonerations offer many lessons for police, for prosecutors, and for legislatures. Many scholars have...
The Black Box (with Marc L. Miller), Iowa Law Review (2008)
Classic accounts of prosecutorial discretion, from Herbert Wechsler through the present day, portray charging discretion...
The Charging and Sentencing Effects of Depth and Distance in a Criminal Code (with Rod Engen), North Carolina Law Review (2006)
Today's conventional wisdom about criminal justice in the United States tells us that criminal...
The Power of Bureaucracy in the Response to Blakely and Booker, Houston Law Review (2006)
How will different jurisdictions respond to the recent Supreme Court decisions in Blakely v....
The Political Economy of Up-Front Fees for Indigent Criminal Defense (with Wayne A. Logan), William and Mary Law Review (2006)
In this article, we trace the origin and spread of state laws designed to...
Sentencing Commissions as Provocateurs of Prosecutor Self-Regulation, Columbia Law Review (2005)
This Article examines potential efforts by sentencing commissions to influence the work of prosecutors, especially...
Trial Distortion and the End of Innocence in Federal Criminal Law, University of Pennsylvania Law Review (2005)
This article starts with a troubling and unnoticed development in federal criminal justice: acquittals...
The Wisdom We Have Lost: Sentencing Information and Its Uses (with Marc L. Miller), Stanford Law Review (2005)
Both federal and state experience in sentencing over the last three decades suggest that...