Prosecutorial Discretion in Three Systems: Balancing Conflicting Goals and Providing Mechanisms for Control

In regulating the authority and discretion exercised by contemporary prosecutors,national systems balance a variety of goals, many of which are in tension or direct conflict. Forexample, making prosecutors politically or democratically accountable may conflict with theprinciple of prosecutorial neutrality, and the goal of efficiency may conflict with accuracy. National systems generally seek to foster equal treatment of defendants and respect for theirrights while also controlling or reducing crime and protecting the rights of victims. Systems thatrecognize prosecutorial discretion also seek to establish and implement policy decisions aboutthe best ways to address various social problems, priorities, and the allocation of resources. Finally, all national systems are facing the challenge of increasing caseloads. The United States differs from France and Germany in the training and selection of prosecutors, in the understanding of their role, and in the structure of prosecutorial authority. This chapter explores how these differences affect the balance each system has struck among the competing goals of accountability, neutrality, efficiency, accuracy, and equal treatment, how these systems differ in the availability of mechanisms to establish and implement policies, and how each is responding to the challenges of increasingly heavy caseloads. This chapter begins with a description of the U.S. approach to the structure of prosecutorial authority, the training, selection and ethos of U.S. prosecutors, and the scope of prosecutorial discretion in the U.S. Part II turns to a comparison of the French and German systems. On the basis of this foundation, Part III then considers how the three systems are resolving some of the key tradeoffs between the goals of efficiency, accuracy, democratic accountability, neutrality, consistency, and the need for mechanisms to set priorities and policies. It concludes that the structure of prosecutorial authority is continuing to play a significant role in each system’s distinctive response to prosecutorial discretion. In contrast, differences in the traditional understanding of the prosecutor’s role seem to be of diminishing importance as each system responds to the pressure of increasing caseloads

Capitalizing on Criminal Justice

The U.S. criminal justice system “piles on.” It punishes too many for too long. Much criminal law scholarship focuses on the problem of excessive punishment. Yet for the low-level offenses that dominate state court workloads, much of the harm caused by arrests and convictions arises outside the formal criminal sentence. It stems from spiraling hidden penalties and the impact of a criminal record. The key question is not just why the state over-punishes, but rather why so many different institutions—law enforcement institutions as well as civil regulatory agencies and private actors—find it valuable to do so. This Article argues that the reach of the criminal justice system is not just the product of overly punitive laws, but also the product of institutions capitalizing on criminal law decisions for their own ends. Criminal law is meant to serve a public purpose, but in practice, key institutions create, disseminate, and rely on low-level criminal records because they offer a source of revenue or provide a cost-effective way of achieving discrete administrative objectives. These incentives drive and expand the reach of the criminal justice system, even as they work in tension with the state’s sentencing goals. This dynamic creates obvious harm. But it also benefits key actors, such as municipalities, privatized probation companies, background check providers, employers, and others who have incentives to maintain the system as it is. This Article identifies how organizational incentives lead a host of institutions to capitalize on criminal law decisions, and it argues that reform efforts must, as a central goal, recognize and respond to these incentives

Shadow Citizens: Felony Disenfranchisement and the Criminalization of Debt

The disenfranchisement of felons has long been challenged as anti-democratic and disproportionately harmful to communities of color. Critiques of this practice have led to the gradual liberalization of state laws that expand voting rights for those who have served their sentences. Despite these legal developments, ex-felons face an increasingly difficult path to regaining the franchise. This article argues that, for ex-felons in particular, criminal justice debt can serve as an insurmountable obstacle to the resumption of voting rights and broader participation in society. This article uses the term “carceral debt” to identify criminal justice penalties levied on prisoners, “user fees” assessed to recoup the operating costs of the justice system, and debt incurred during incarceration, including mounting child support obligations. In recent years, another disturbing voting rights challenge has emerged that has received little attention from scholars. State appellate and federal courts across the country have affirmed the constitutionality of statutes that require ex-felons to satisfy the payment of all carceral debts in order to resume voting privileges. Such a paradigm has a clearly differential impact on the poor: if only those who can pay their debts after a criminal conviction can regain the right to vote, those who cannot will remain perpetually disenfranchised, rendering them “shadow citizens” and raising a host of policy and constitutional questions

Rhode Island Report on the Judiciary 1980-1982

This ninth report on the judiciary has been produced by the Administrative Office of State Courts. During the period covered in the report the courts have made progress in several areas. Among these, major improvements to court facilities, the achievement of speedy trial goals, and the work of several study committees stand out as examples of what has been achieved

Constitutionalizing Immigration Law on Its Own Path

Courts should insist on heightened procedural protections in immigration adjudication. They should do so under the Fifth Amendment’s Due Process Clause rather than by importing Sixth Amendment protections from the criminal context. Traditional judicial oversight and the Due Process Clause provide a better basis than the Sixth Amendment to interpose heightened procedural protections in immigration proceedings, especially those involving removal for a serious criminal conviction. The Supreme Court’s immigration jurisprudence in recent years lends support for this approach. The Court has guarded the availability of judicial review of immigration decisions. It has affirmed that courts are the arbiters of constitutional issues (including due process) and criminal statutory interpretation. The Court has accorded agency deference on matters of agency expertise, which does not include interpretation of criminal law and convictions. And the Court has created generally applicable procedural protections in order to minimize court interference with substantive immigration policy. Guided by these core concepts, courts are poised to develop procedural protections for immigrants in removal proceedings that are tailored to the institutional interests at stake and protective of immigrants. By constitutionalizing immigration on its own path, courts may also avoid some of the pitfalls of a Sixth Amendment–based criminal-rights model

Immigration Detainers, Local Discretion, and State Law\u27s Historical Constraints

This thesis is an effort to investigate the operation and the performanceof modular multilevel converters (M2Cs). Proven to be the most promisingtopology in high-voltage high-power applications, it is necessary to put aneffort in understanding the physical laws that govern the internal dynamicsof such converters, in order to design appropriate control methods. AlthoughM2Cs belong to the well-studied family of voltage-source converters (VSCs),and claim a modular structure, their control is significantly more complicatedcompared to two- or three-level VSCs, due to the fact that a much highernumber of switches and capacitors are needed in such a topology. This thesishighlights the important parameters that should be considered when designingthe control for an M2C, through analyzing its internal dynamics, and alsosuggests ways to control such converters ensuring stable operation withoutcompromising the performance of the converter.Special focus is given on ac motor-drive applications as they are very demandingand challenging for the converter performance. Interactions betweenthe internal dynamics and the dynamics of the driven motor are experimentallyinvestigated. The problem of operating the converter when connectedto a motor standing still is visited, even under the condition that a greatamount of torque and current are requested, in order to provide an idea forthe converter requirements under such conditions. Finally, an optimization ofthe converter operation is suggested in order to avoid overrating the convertercomponents in certain operation areas that this is possible.All analytical investigations presented in this thesis are confirmed by experimentalresults on a laboratory prototype converter, which was developedfor the purposes of this project. Experimental verification proves the validityof the theoretical investigations, as well as the correct performance of thecontrol methods developed during this project on a real, physical converter,hoping that the results of this thesis will be useful for large-scale implementations,in the mega- or even giga-watt power range.Denna avhandling är ett försök att undersöka drift och egenskaper avmodulära multinivåomvandlare (M2C:er). Eftersom denna topologi anses varaden mest lovande inom högspänings-högeffekt-tillämpningar är, och somett underlag för att kunna formulera lämpliga styrmetoder, är det nödvändigtatt lägga kraft i att försöka förståde fysikaliska lagar som styr den inredynamiken i sådana omvandlare. Även om M2C:erna tillhör den välstuderadefamiljen av spänningsstyva omvandlare (VSC:er), och har en modulärstruktur, är deras reglering avsevärt mer komplicerad jämfört med två- ellertre-nivåomvandlare, eftersom ett mycket större antal switchar och kondensatorerär nödvändiga i en sådan topologi. Denna avhandling sätter fingretpå de parametrar som måste beaktas när man konstruerar regleringen för enM2C, genom att analysera den interna dynamiken, samt att föreslå sätt attstyra sådana omvandlare såatt stabil drift kan säkerställas utan att negativtpåverka prestanda.Ett speciellt fokus läggs på växelströmsmotordrifter eftersom de är särskiltutmanande vad gäller prestanda. Växelverkan mellan den interna dynamikenoch motorns dynamik undersöks experimentellt. Problemet att driva motornvid stillestånd behandlas även i fallet med hög ström och högt moment för atterhålla kunskap om kraven påomvandlaren i sådana fall. Slutligen föreslås enoptimering av omvandlarens drifttillstånd för att undvika överdimensioneringav omvandlarens komponenter i de fall detta är möjligt.Alla analytiska undersökningar som läggs fram i denna avhandling är bekräftadegenom experimentella resultat från en laboratorieomvandlare, somutvecklats inom ramen för detta arbete. Den experimentella verifieringen bevisargiltigheten av alla teoretiska undersökningar. Den visar också på demycket goda prestanda som de utvecklade styrmetoderna har vid drift aven verklig fysisk omvandlare. Förhoppningen är att resultaten från detta arbetekan komma till använding i storskaliga implementerinar i mega- ellergiga-wattklassen.QC 20141201</p

Philadelphia's Crowded, Costly Jails: The Search for Safe Solutions

Analyzes trends in Philadelphia's jail population, spending on jails, and steps to enable effective management of the population while ensuring public safety, including reducing pretrial detentions. Explores policy options from other jurisdictions

Judicial Specialization and the Adjudication of Immigration Cases

When scholars and policymakers consider proposals for specialized courts, they are usually and appropriately mindful of the potential effects of specialization on the adjudication of cases. Focusing on the immigration field, this Article considers these potential effects in relation to other attributes of adjudication: the difficulty of cases, the severe caseload pressures, and the strong hierarchical controls that are each important attributes at some or all levels of the adjudication system. Specifically, this Article discusses the effects of those attributes, the effects of judicial specialization, and the intertwining of the two. It applies that analysis to proposals to substitute some type of specialized court for the federal courts of appeals in the adjudication of immigration cases. The Article concludes that the impact of adopting such a proposal could be substantial but that it is also quite uncertain. To a considerable degree, the impact depends on the form of specialization adopted and on other provisions of the legislation that creates a specialized court