Prosecutorial Guidelines

John F. Pfaff, Professor of Law at Fordham University, discusses how reformers are increasingly aware of the central role prosecutors have played in driving up the U.S. prison population. Yet few if any reform efforts have sought to directly restrict prosecutorial power.

L. Song Richardson, Interim Dean and Professor of Law at University of California, Irvine illuminates us on how “racial anxiety” can enable racial disparities in police uses of force even in the absence of racial animus and even when people of color are acting identically to their white counterparts.

Devon W. Carbado, the Honorable Harry Pregerson Professor of Law and Associate Vice Chancellor from UCLA, discusses how few people, including lawyers, journalists, legislators, educators, and community organizers, understand the enormously important role Fourth Amendment law plays in enabling the very thing it ought to prevent: racial profiling and police violence.

David A. Harris, Professor of Law and John E. Murray Faculty Scholar at the University of Pittsburgh, discusses how his paper describes the points at which racial profiling arises in law enforcement, the legal tools and incentives that drive it, and the harm that racial profiling does to people, and to the criminal justice system as a whole.

Jeffrey Fagan, Isidor & Seville Sulzbacher Professor of Law and Professor of Epidemiology from Columbia University, writes about the “New Policing” model and its emphasis on advanced statistical metrics, new forms of organizational accountability, and aggressive tactical enforcement of minor crimes has been adopted in large and small cities, and has been institutionalized in everyday police-citizen interactions, especially among residents of poorer, often minority, and higher crime areas.

Rachel A. Harmon, F.D.G. Ribble Professor of Law from University of Virginia discusses how the federal courts have limited the legal remedies for constitutional violations in policing to the point that they do not discourage police misconduct to the satisfaction of many communities.

Brenner Fissell, Associate Professor of Law at Maurice A. Deane School of Law at Hofstra University discusses the paper Judicial Review of Strict Liability Local Ordinances that he co-authored with Guyora Binder for the Guilty Minds Virtual Conference hosted by the Academy for Justice and Arizona State Law Journal.

Stephen Morse, Ferdinand Wakeman Hubbell Professor of Law, Professor of Psychology and Law in Psychiatry, and Associate Director, Center for Neuroscience and Society at the University of Pennsylvania, discusses his paper Internal and External Challenges to Culpability that he authored for the Guilty Minds Virtual Conference hosted by the Academy for Justice and Arizona State Law Journal.

Kenneth Simons, Chancellor’s Professor of Law and Philosophy at University of California, Irvine School of Law, discusses his paper Willful Blindness Doctrine: Justifiable in Principle, Problematic in Practice that he authored for the Guilty Minds Virtual Conference hosted by the Academy for Justice and Arizona State Law Journal.

Kimberly Ferzan, Earle Hepburn Professor of Law and Co-Director for the Institute of Law & Philosophy at the University of Pennsylvania Carey Law School, discusses her paper Conspiracy, Complicity, and the Scope of Contemplated Crime that she authored for the Guilty Minds Virtual Conference hosted by the Academy for Justice and Arizona State Law Journal.