Regulating Mass Prosecution

The UC Davis Law Review and the Black Law Students Association had a lunchtime presentation of Professor Irene Joe of her new paper “Regulating Mass Prosecution.” The paper, published last week by the UC Davis Law Review, argues that ethical duties should prohibit prosecutors from engaging in practices that contribute to excessive public defender caseloads. Professor Joe sees this as part of a solution to the problem of mass incarceration.
Senior Articles Editor Chris Machold described the paper and then engaged in a thoughtful dialogue with Professor Joe. He noted that she was a “footnote machine,” carefully documenting every assertion. Some of the student editors talked about the article and the publication process.
Professor Joe discussed the article and its arguments. A former public defender, she noted her concern with the criminal justice system’s impact on poor and marginalized communities. The article focuses on prosecutors and how they might remedy some of the problems in the criminal justice system.
A full house of students attended Professor Joe’s discussion. I found her analysis insightful, balanced, and practical. UC Davis School of Law is fortunate to have Professor Joe on the faculty.