Legislators enact laws, law enforcement personnel execute laws, and, within limits, judges interpret both the laws and their execution. Although this operative concept generally shapes the way we think about the criminal justice system, the paradigm is incomplete. As every law student learns in a professional responsibility or legal ethics course, all members of the legal profession share a responsibility for improving the legal system. Thus, while constitutional and statutory rules provide the structural framework within which legal actors operate, systemic obligations to seek and secure justice–defined, in part, by preventing erroneous convictions-directly inform and guide the entire decision-making process.
DOJ guidance for mentally impaired detainees in immigration removal proceedings should be amended to provide counsel at earlier signs of incompetence.
Voting rights advocates should explore section 11(b) of the Voting Rights Act as a vehicle to combat voter intimidation.
Mandatory arbitration for guestworkers, a uniquely vulnerable group, will result in class inequality and worse conditions for all workers.
This study uses interviews with judges to examine the role of remorse in judicial decisionmaking.