Racial Fairness in the Criminal Justice System: The Role of the Prosecutor

Abstract:     
In this article, Davis analyzes discusses efforts to involve prosecutors in the elimination of racial disparities in the criminal justice system. Part II explains how prosecutors unintentionally contribute to disparities through the arbitrary, unsystematic exercise of discretion. Part III argues that the U.S. Supreme Court has failed to provide an effective legal remedy for victims of race-based selective prosecution. Finally, in Part IV, Davis endorses the use of racial impact studies and task forces and discusses a model reform effort spearheaded by the Vera Institute of Justice.

Keywords: Prosecutor, Racial Justice, Prosecutorial Misconduct, Race-based prosecution, criminal justice, criminal defense

Accepted Paper Series