Law Review and Journal Articles

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Authored by Rebecca Blair and Miriam Aroni Krinsky, this law review article analyzes the origins of prosecutorial discretion and traces that progression to the reform efforts of the present day. The authors critically analyze the effectiveness of reform policies and call upon law makers to give local communities more autonomy in forging their own legal systems course. Rebecca Blair & Miriam Aroni Krinsky, Why Attacks on Prosecutorial Discretion Are Attacks on Democracy, 61 Am. Crim. L. Rev. (2024).

Authored by Justin Murray, this article is forthcoming in the Washington University Law Review and analyzes that myth that prosecutors base discretionary decisions on case-specific facts and equitable circumstances rather than generalizable criteria or categorical nonenforcement practices. This article coins this idea “the myth of individualized enforcement.” Justin Murray, Prosecutorial Reform and the Myth of Individualized Enforcement, Wash. U. L. Rev. (forthcoming 2025).

Authored by Alexandra Natapoff, this law review article discusses the gatekeeping function of declining to file charges in misdemeanor cases.  Declination can serve as a "check" upon biased policing, a practice that has resulted in a swell of minority incarcerations. Alexandra Natapoff provides a thorough examination of prosecutorial declination, why it's underappreciated, and how it is being embraced today. Alexandra Natapoff, Misdemeanor Declination: A Theory of Internal Separation of Powers, 102 Tex. L. Rev. 937 (2024).

Authored by Vida Johnson, this article suggests a novel theory of evaluating the conduct of traditional prosecutors, not just as actors seeking to protect the community, but also as advocates for heightened police and governmental power. Vida B. Johnson, Whom Do Prosecutors Protect?, 104 B.U. L. REV. 289 (2024). 

Authored by Miriam Aronia Krinsky, Justin Murray, and Maybell Romero, this article reviews the historical power prosecutors have held and how that has influences phenomena such as mass incarceration, the political aspect of prosecution, and reform efforts. It also considers new accomplishments from reform-minded prosecutors in the areas of: conviction integrity; prosecutorial discretion; LEO accountability; and rehabilitation. Miriam Aronia Krinsky, Justin Murray, & Maybell Romero,  New Directions in Prosecutorial Reform, 60 Am. Crim. L. Rev. 1369 (Fall 2023) 

Authored by Carissa Byrne Hessick and Rick Su, this essay exposes the significant state variation in the legal classification of prosecutors along the horizontal divide between its branches, the vertical divide between the state government and its local subdivisions, and the constitutional divide between constitutional and statutory offices. This essay also explains how that variation not only complicates the legal status of prosecutors within any particular state, but also prevents the formation of a shared understanding of what role the local prosecutor plays in state government. Carissa Byrne Hessick & Rick Su, The (Local) Prosecutor, 2023 WIS. L. REV. 1669 (2023).

Authored by Stewart J D’Alessio, Lisa Stolzenberg, R.R. Dunlea, and Besiki Luka Kutateladze, this article investigates  the effect of the Parkland mass shooting on prosecutor discretion in firearm-related cases eligible for mandatory minimum sentencing under Florida’s 10–20-Life law. The Article posits that the findings suggest that prosecutors became more punitive in their handling of firearm cases after the Parkland mass shooting. Stewart D’Alessio et al., Changes in Prosecutorial Decision-Making in Response to a High-Profile Mass Shooting, Am. J. Crim. Just. (2024).