Adam White and Jace Lington chat with NYU Professor Rachel E. Barkow about Florida Governor Ron DeSantis suspending a state attorney for announcing his intention not to prosecute certain cases involving abortion and other politically charged issues. They discuss how prosecutorial discretion works (or doesn’t), lessons the federal government can learn from state criminal law experience, and why local governments might be best suited to handle the administration of criminal law cases.

Work by Professor Barkow:

The Ascent of the Administrative State and the Demise of Mercy:
https://harvardlawreview.org/2008/03/the-ascent-of-the-administrative-state-and-the-demise-of-mercy/

Prisoners of Politics: Breaking the Cycle of Mass Incarceration:
https://www.amazon.com/Prisoners-Politics-Breaking-Cycle-Incarceration/dp/0674919238

In Memoriam: Justice Antonin Scalia

https://harvardlawreview.org/2016/11/in-memoriam-justice-antonin-scalia/

Federalism and Criminal Law: What the Feds Can Learn from the States:
https://repository.law.umich.edu/mlr/vol109/iss4/2/

Can Prosecutors End Mass Incarceration?:
https://repository.law.umich.edu/mlr/vol119/iss6/16/

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