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"Rewarding Prosecutors for Performance"

By Douglas A. Berman

The title of this post is the title of this new article appearing on SSRN from Professor Stephanos Bibas (who has another recent piece on regulating prosecutors that is also a must-read).  Here is the abstract of this article: Prosecutorial discretion is a problem that most scholars attack from the outside.  Most scholars favor external institutional solutions, such as ex ante legislation or ex post judicial and bar review of individual cases of misconduct.  At best these approaches can catch the very worst misconduct.  They lack inside information and sustained oversight and cannot generate and enforce fine-grained rules to guide prosecutorial decisionmaking.  The more promising alternative is to work within prosecutors' offices, to create incentives for good performance...continue to full post

Full post as published by Sentencing Law and Policy on December 20, 2008 (boomark / email).