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.