Thursday, February 7, 2013

New Scholarship - "Ham Sandwich Nation: Due Process When Everything is a Crime"

New Article by Glenn Reynolds (Tenn).  SSRN Abstract and Article here -


Though extensive due process protections apply to the investigation of crimes, and to criminal trials, perhaps the most important part of the criminal process -- the decision whether to charge a defendant, and with what -- is almost entirely discretionary. Given the plethora of criminal laws and regulations in today's society, this due process gap allows prosecutors to charge almost anyone they take a deep interest in. This Essay discusses the problem in the context of recent prosecutorial controversies involving the cases of Aaron Swartz and David Gregory, and offers some suggested remedies, along with a callfor further discussion.

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2013/02/new-scholarship-ham-sandwich-nation-due-process-when-everything-is-a-crime.html

Scholarship | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef017ee83aafb0970d

Listed below are links to weblogs that reference New Scholarship - "Ham Sandwich Nation: Due Process When Everything is a Crime":

Comments

Post a comment