Washington and Lee law professor Erik Luna has published an article in the inaugural edition of the Stanford Journal of Criminal Law & Policy. The article is entitled “Prosecutor King.”
From the abstract:
Professor Luna examines prosecutorial discretion through the lens of the Republic, analogizing Plato’s model city to American criminal justice. Like the city’s ideal rulers, prosecutors reign supreme through their discretionary decisionmaking, which includes not only the power to enforce the law but also the effective authority to adjudicate cases and set the scope of criminal law. Comparative analysis reveals that American prosecutors are not platonic, however, and an anti-totalitarian critique of the Republic helps demonstrate the danger of unchecked prosecutorial power.
The full article is available here.
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