Rachel E. Barkow

Online
Essay
Criminal Justice Reform and the Courts
Rachel E. Barkow
Rachel E. Barkow is the Segal Family Professor of Regulatory Law and Policy at NYU Law School.

This essay is a revised and excerpted version of Chapter 10 of Rachel Elise Barkow, Prisoners of Politics: Breaking the Cycle of Mass Incarceration (Harvard 2019).

Prosecutors seem to be the primary target for criminal justice reformers today, and with good reason: they are key gatekeepers to whether criminal charges get brought or not, and the particular charges they bring often dictate a defendant’s sentence.

2
Article
Restructuring Clemency: The Cost of Ignoring Clemency and a Plan for Renewal
Rachel E. Barkow
Segal Family Professor of Regulatory Law and Policy and Faculty Director, Center on the Administration of Criminal Law, New York University School of Law.
Mark Osler
Professor of Law, University of St. Thomas School of Law.

Thanks to Aimee Carlisle, Kadeem Cooper, Heather Gregorio, Steve Marcus, Neal Perlman, and Sam Zeitlin for excellent research assistance. We acknowledge with gratitude the financial support of the Filomen D’Agostino and Max E. Greenberg Faculty Research Fund at NYU.

I.  The Costs of a Latent Pardon Power

A.    The Fading of the Principled Pardon Power

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