Author

This Note considers prosecutorial charging discretion and its interaction with the no-contact rule. Charging delays instituted in order to continually question suspects outside the presence of counsel have racial and social class implications. The no-contact rule should be modified to prevent prosecutors, once they reasonably believe they have enough evidence to pursue a successful conviction, from continuing to question suspects without charging them. Disciplinary sanctions, however, are a more appropriate remedy for such improper questioning than is suppression of the resulting statements.

Go Directly to Jail: The Criminalization of Almost Everything

The government possesses a variety of tools to control the populace. Obvious examples include the criminal justice system, administrative regulation, and taxation. Because these tools involve varying degrees of coercion, the federal government’s choice of tools in addressing a particular problem has considerable impact on citizens, both financially and in terms of individual rights.