I am so incredibly excited to share this new report!

It took more than two years to complete this project, and it was worth every minute.

The data we collected shows that prosecutors can be both a powerful ally and a formidable opponent in the criminal justice reform effort.
To some extent, this report confirms what experts like @RachelBarkow @shonhopwood have been saying:

Prosecutors use their political clout to lobby for harsher criminal laws.

When a prosecutor says "I'm just following the law," you should wonder "did you help write that law?"
But our study had some unexpected findings as well.

For one thing, prosecutors are much more successful when they support bills than when they oppose them.

Bills they supported were twice as likely to pass; bills they opposed passed at basically the same rate. Image
To be clear, those figures looked different in different states.
In Arizona, Minnesota, Oklahoma, and Pennsylvania, prosecutors were able to block EVERY SINGLE BILL that they opposed. Not one of those bills passed in the four years we studied.
Even on the national level, prosecutor opposition was more successful for some bills than for others. For bills that decriminalized behavior or created defenses, prosecutor opposition was very successful--only 15% passed when prosecutors opposed them.
Perhaps the most important finding is about prosecutor support for reform. Prosecutors were actually most successful when they supported bills that decriminalized conduct or reduced punishment.
It seems like legislatures are willing to listen when prosecutors support reform.
Since criminal justice reform bills are so much more likely to pass when prosecutors support them, that suggests that the new reform-oriented prosecutor associations may change the shape of criminal law in America.
So I'm keeping an eye on @fjp_org @ProsAlliance and #VPPFJ
A few quick words about how this report was possible.
First, the project was inspired by some excellent reporting by @JessPish and @jduffyrice thenation.com/article/archiv…
theappeal.org/prosecutors-ar…
Second, @ppp_unc was lucky enough to get a generous gift from the Charles Koch Foundation.

All of our research projects depend on external, private funding.

Partners like CKF, that are willing to fund objective research, no matter what it find, are indispensable
Third, @ppp_unc didn't undertake this study alone.

@JessPish came on board as a consultant--the absolute best kind, who contributes not only ideas, but also does a lot of the actual work.

@wrightrf guided the content analysis & contributed a small army of RAs from Wake Forest
(Let me add, that if you are considering trying your hand at content analysis, you should definitely read this helpful paper by Ron and his @WakeForest colleague, Mark Hall: papers.ssrn.com/sol3/papers.cf…)
Finally, this report would not have been possible except for the amazing team @ppp_unc
Our staff absolutely killed themselves, working long hours late into the day to make sure the report got finished.
And our @unc_law student research assistants were absolute rockstars.
Finding and coding the data for this project took literally thousands of hours.
Not anyone could do that work--it requires legal knowledge and expertise.
I'm constantly astounded by the intelligence and work ethic of our students--they are the backbone of this and other projects.

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More from @CBHessick

5 Jun
Making ceviche. Image
It’s gonna be salmon and scallops with pineapple, cilantro, cucumber, and jalapeño. Image
Ok now getting ready to bake some bread to serve with the entree. (Basically this is a post-pandemic-dinner-party-prep account today!) Image
Read 8 tweets
21 Apr
Last night I appeared on a local news station with @ProfKamiChavis and others to talk about the Derek Chauvin verdict

One of the other guests, a former sheriff, said that a lot of problems could be avoided if only people would submit to police during arrest

I think that's wrong
The sheriff insisted that, if you think the police are mistakenly arresting you or otherwise doing things they shouldn't, members of the public should simply submit and deal with the officer's actions later, in court.

I guess the sheriff doesn't know about qualified immunity.
Qualified immunity will shield many (most?) officers who illegally arrest or search people from any sort of civil liability. The law as it currently stands literally allows police to "get away with it" when they violate people's rights.
Read 6 tweets
31 Jan
How can a story spin making dozens of policy experts and other officials being made available for interviews into a criticism? By casting the presidency as a television drama.
“As main protagonists go, Biden’s role has been comparatively limited ...” 🙄 politico.com/news/2021/01/3…
There may be legitimate reasons why it is important for the American people to hear from the president rather than other executive officials. And the sit down interview may provide something that other formats don’t.
If that’s so, then @politico should make that case on the merits rather than merely insinuating there’s a problem.

And definitely don’t fail to do so while literally talking about the president as a “protagonist”
Read 4 tweets
24 Jan
I completely understand why people are angry about this.

But the truth is that the criminal justice system routinely fails to prosecute people who are obviously guilty of crimes.

It’s at the very core of modern criminal justice enforcement.
It’s a serious problem that most Americans don’t know this. But we routinely fail to prosecute people who have obviously committed crimes. We just don’t have the capacity to pursue all of those cases.
Part of the problem is that we’ve made too many things illegal.

Another problem is that we’ve refused sufficiently fund the prosecutors, defense attorneys, and judges we’d need for full enforcement.

But we also don’t have the cultural commitment to full enforcement.
Read 6 tweets
22 Jan
I'm not interested in laying blame on anyone for the filibuster or it's selective demise.

But I am *very* interested in Bryan's first point about the filibuster and constitutional design. A few quick thoughts . . .
First, I'm generally a fan of not having legislatures pass too many laws. Especially in my filed--criminal law--an active legislature often means more punishment and less liberty.

But in modern times less active legislature doesn't necessarily mean fewer laws or more liberty.
Because it is so hard for legislatures to act, we see Congress and the states delegating a lot to agencies and executive officials. It's very easy for those institutions to act. And the harder it is for legislatures to act, the more it incentivizes and normalizes delegations.
Read 13 tweets
18 Jan
I appreciate that most people want to talk about this as Turley being hypocritical.

But we should also see this as a serious breach of academic ethics and professionalism.
Turley’s prominence in public discourse relies, in part, on his position as a professor—that status carries with it a claim to expertise on legal matters.

Apparently his expertise led him to conclude the exact opposite of what he is claiming now on an issue of great importance.
When I say “great importance,” I’m not exaggerating. Some Senators have already signaled that their vote in the impeachment trial will turn on this issue. And we know because he was asked to testify at previous impeachments, that GOP leadership sees Turley as an authority.
Read 8 tweets

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