Prosecutorial Accountability 2.0

Plea Bargaining and Prosecutorial Discretion

Controlling Prosecutorial Discretion in Germany

Prosecutorial Discretion in Mutual Fund Settlement Negotiations, 2003-7

This paper examines the negotiated settlements of 20 market timing and late trading cases, comparing the restitution obtained for shareholders with an estimate of shareholder dilution. This restitution ratio varies from 0.04 to 5, or from 0.1 to 10 if penalties are included. While some of this variation is explained by differences in the defendants’ conduct, controlling for this, settlement neg...

Rules, Resources, and Relationships: Contextual Constraints on Prosecutorial Decision Making

In the American criminal justice system, prosecuting attorneys arguably enjoy broader discretion than any other system actor. Research, however, is beginning to show that prosecutorial discretion is not nearly as unconstrained as initially thought. Relying on in-depth interviews and surveys of prosecutors in two large urban/suburban county prosecutors’ offices, this article examines prosecutors...

The International Criminal Court: Possibilities for Prosecutorial Abuse

So many problems are present in setting up an international criminal court consistent with the current international legal, moral, and political orders, that one must at least admire the intensity and dedication of those involved in the effort. It is tempting to conclude that the current international orders are simply not consistent with the pattern of a world government that is implied in the...