Hofstra Law Dean Jenny Robert’s article “Defense Lawyering in the Progressive Prosecution Era,” was published in the Cornell Law Review, vol. 109, no. 4, 2024.
Excerpt
The movement to elect so-called “progressive prosecutors” is relatively new, but there is a robust literature analyzing it from a number of angles. Scholars consider how to define “progressive prosecution,” look at the movement through a racial justice lens, and examine it in the context of rural spaces, deportation, and the pandemic. One essay even offers a “progressive prosecutor’s handbook.” But what of the defense lawyer representing clients in a progressive prosecution jurisdiction? With the election of the new prosecutor, things may have shifted from a highly-charged, adversarial relationship with a harsh law-and-order office to something quite different. Defenders in such jurisdictions face a number of complex decisions in both individual case representation and systemic reform efforts in this relatively new environment. Yet there is no defense lawyer’s handbook for practicing in the progressive prosecution era.
Read the full article on the Cornell Law Review website.
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