This seminar examines the distribution of discretion and power in the American criminal legal system. A hallmark of the American system is that decision makers at virtually every stage of a prosecution enjoy wide latitude to interpret and apply the law according to their own judgment. This latitude carries both the promise of individually-tailored justice and the threat of arbitrariness and abuse. We will read a variety of legal and theoretical materials with the goal of understanding why discretion exists and how it could be regulated.
For details on class times, days of the week, instructors, and grading and exam details, please view the Michigan Law Class Schedule.