Litigation
The Center’s litigation component uses its research and knowledge of criminal justice and prosecution practices to assist in important criminal justice cases.
The Center's litigation practice concentrates on cases in which exercises of prosecutorial or governmental discretion raise significant substantive legal issues. Much of the Center’s litigation practice is done in partnership with some of the nation’s most prominent law firms as part of the firms’ pro bono commitment. These briefs are filed in support of both defendants and the government.
Read more about the guiding principles in the Center's litigation practice.
Read about the Center's briefs in the following areas:
- prosecutors' charging decisions (including significant issues involving statutory interpretation)
- prosecutors' disclosure and ethical obligations
- immigration
- sentencing
- other important criminal law issues
Cases in which the Center has participated recently include:
- United States v. State of Arizona -- United States District Court for the District of Arizona and United States Court of Appeals for the Ninth Circuit -- filed amicus briefs in the district court and the Ninth Circuit in support of the United States -- district court and Ninth Circuit side with the Center, with district court enjoining the most controversial aspects of the challenged legislation and Ninth Circuit affirming
- Brown v. Plata -- Supreme Court of the United States -- filed amicus brief in support of appellees -- Supreme Court sides with Center and affirms
- Connick v. Thompson -- Supreme Court of the United States and United States Court of Appeals for the Fifth Circuit, en banc -- filed amicus briefs in support of Thompson in the Fifth Circuit and in the Supreme Court -- Fifth Circuit sides with the Center, but the Supreme Court reverses -- Justice Ginsberg cites the Center's brief in her dissent
- United States v. Gupta -- United States Court of Appeals for the Second Circuit (en banc)-- filed amicus brief in support of the appellant-defendant -- presented oral argument by court invitation -- awaiting decision
- Dorsey & Hill v. United States -- Supreme Court of the United States -- filed amicus brief in support of petitioners -- awaiting decision
- United States v. Jones -- Supreme Court of the United States -- filed amicus brief in support of the United States -- Supreme Court affirms
- People v. Morales -- Court of Appeals, State of New York -- filed amicus brief in support of defendant -- awaiting decision
- Missouri v. Frye and Lafler v. Cooper -- Supreme Court of the United States -- filed amicus brief in support of respondents -- Supreme Court sides with Center and vacates and remands the lower court decisions (Frye; Lafler) -- majority opinion in Frye cites and quotes an article by the Center Faculty Director, and cites the Center's brief