Bennett Capers’ article Against Prosecutors challenges us to imagine a world where we “turn away from prosecution as we know it,” and shift “power from prosecutors to the people they purport to represent.”


Capers joins a long line of authors seeking to attack mass incarceration by reducing the role of prosecutors. I agree with these authors that we should dramatically shrink the footprint of American criminal law and ending the war on drugs is a good place to start. But while Capers styles his proposal as a “[r]adical change,” I find the focus on prosecutors in this context decidedly indirect.

This abstract has been adapted from the article's opening paragraphs.

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13 California Law Review Online Symposium 1-6 (2022)


Written for the California Law Review Online Symposium focusing on Bennett Capers's "Against Prosecutors."