Center on the Administration of Criminal Law

Scholarship

The Center conducts criminal justice research in a variety of areas, but primarily collects and organizes data on the administration of criminal justice as it occurs in settings other than trials. In particular, the Center focuses mainly on prosecutorial decision-making before trial and at sentencing.

The Center engages in various projects that rely upon interviews and surveys of prosecutors and other government officials, past and present, about prosecutorial charging and plea bargaining policies, investigation methods, the use of cooperators, office structure and design, and the training and assignment of attorneys. There is a significant need for this type of centralized and organized data collection on prosecution. This information is not available in published sources, yet it is critical to understanding the administration of criminal justice, which takes place largely inside prosecutors’ offices and not in trials. The Center’s sentencing research consists largely of state-by-state comparisons of sentencing practices. There is currently little academic analysis that seeks to learn more about best sentencing practices by comparing and contrasting different approaches.

The Center’s research is used by scholars affiliated with the Center—including its Faculty Director and other faculty affiliates, its Executive Director, and its Fellows—to produce scholarship on a range of criminal justice topics.

 

Criminal Law and Its Processes (2012)

The Ninth Edition of Kadish, Schulhofer, Steiker & Barkow, Criminal Law and Its Processes (2012) was published. The Center's Faculty Director is a co-author of the latest edition of this leading criminal case book. Buy it here.

Sentencing Guidelines at the Crossroads of Politics and Expertise

Faculty Director Rachel E. Barkow published "Sentencing Guidelines at the Crossroads of Politics and Expertise," 160 U. Pa. L. Rev. 1599 (2012), exploring the tension that arises from the fact that sentnecing commissions must produce guidlines that are simultaneously reflective of the best empirical and expert knowledge about sentencing and acceptable to political overseers, and completed "Law versus Politics: Comments on William J. Stuntz's The Collapse of American Criminal Justice," U. Toronto L.J., a book review of Professor Stuntz's documentation of the pathologies of the American criminal justice system.

 

Prosecutors In the Boardroom: Using Criminal Law to Regulate Corporate Conduct

 

The Center is proud to announce that New York University Press has published Prosecutors In the Boardroom: Using Criminal Law to Regulate Corporate Conduct, comprised of papers contributed by scholars who participated in the Center's Inaugural Annual Conference, "Regulation By Prosecutors." To read more about the book, follow this link. To buy it, follow this link.

 

Other Publications by Faculty Director Rachel E. Barkow include:

 

 

Scholarship by other Center personnel

The Georgia Law Review published "Prosecuting Political Defendants," 44 Ga. L. Rev. 953 (2010), by Executive Director Anthony S. Barkow and Beth George ('10). George co-authored the article while she was a 3L student fellow at the Center. It was published in connection with a symposium, “Drawing the Ethical Line: Controversial Cases, Zealous Advocacy, and the Public Good,” which was held on Friday, October 16, 2009, at the University of Georgia School of Law.

 

Prosecution Notes

Prosecution Notes is the Center's newsletter. To read the Fall 2010 edition of Prosecution Noteswhich recounts some of the Center’s recent activities, offers expert advice by Elkan Abramowitz ('64) of the law firm Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C., on the strategic considerations surrounding disclosure of defense strategies and theories to the government in advance of trial, and summarizes all criminal law decisions from the 2009-10 Supreme Court Termfollow this link (Issuu reader) or this link (.pdf file).

Read the first edition of Prosecution Notes, which among other things summarized all criminal law decisions from the 2008–09 Supreme Court Term, via this link.

 

New Perspectives on Brady and Other Disclosure Obligations: What Really Works?

The Center co-sponsored a conference by this title on Sunday, November 15, 2009. The conference was held at Benjamin N. Cardozo School of Law. Participating scholars, including Faculty Director Rachel E. Barkow, participated and contributed papers. Read those papers, including Professor Barkow's paper, "Organizational Guidelines for the Prosecutor's Office," 31 Cardozo Law Review 2089 (2010), here.