Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

Two different Posnerian views of federal prosecutorial behavior

By Douglas A. Berman

The Seventh Circuit handed down a set of interesting criminal law opinions today, and two different panel opinions (both of which are authored by Judge Richard Posner) provide two quite different perspectives on the modern work of federal prosecutors and judicial responses thereto. First, consider US v. Farinella, No. 08-1839 (7th Cir. March 12, 2009) (available here), in which the panel reverses a conviction for misbranding food for insufficient evidence.  In so doing, Judge Posner delivers these and other sharp comments about the work of federal prosecutors: But since there was insufficient evidence, why did the jury convict? Perhaps because of a series of improper statements by prosecutor... [and] additional improprieties, not acknowledged and for the most part not even discussed by the government in its brief...continue to full post

Full post as published by Sentencing Law and Policy on March 12, 2009 (boomark / email).