The Politics of Prosecution Podcast examines the relationship between politics, broadly defined, and local, state, and federal prosecution. Politics is the use and distribution of power. Criminal prosecution is the government's coercive use of that power. Therefore, we must understand the relationship between politics and prosecution. This podcast does so in a non-partisan and interdisciplinary manner. We hope to contribute to the academic and public discourse on the subject.
Politics of Prosecution, Series 1, Ep 23; The CFAA
Welcome back to the Politics of Prosecution Podcast! This podcast examines the interaction between politics, broadly defined, and criminal prosecution on the local, state and federal levels. Our goal is to produce a variety of shows using different media. The podcast’s first series is created and produced by students in High Point University’s Honors Program. They will look at a variety of issues raised by ongoing events.
In the twenty-third episode of the first series, the hosts introduce the Computer Fraud and Abuse Act (CFAA) in a dicussion of how malleable laws increase prosecutotial discretion and power. The hosts examine prior court cases where the CFAA was charged, including United States v Rodriguez (2010), John v United States (2013), United States v Valle (2015), and United States v Nosal (2017). Additionally, the hosts analyze the possible outcomes and inplications of Van Buren v United States, the first case involving the CFAA that will go before the Supreme Court. Finally, the hosts consider how the CFAA can be improved and how the CFAA could limit prosecutorial discretion.
The resources used for reference in this episode include:
https://academic.oup.com/jpart/advance-article/doi/10.1093/jopart/muaa017/5837923
https://doi.org/10.1093/sf/77.3.1163
https://law.unc.edu/wp-content/uploads/2020/01/National-Study-Prosecutor-Elections-2020.pdf
https://lawreview.law.ucdavis.edu/online/vol50/Sklansky.pdf
https://newsinteractive.post-gazette.com/thedigs/2014/10/13/anne-alpern-first-woman-on-pennsylvanias-high-court/
https://www.acslaw.org/event/progressive-prosecution-and-the-carceral-state/#:~:text=Proponents%20of%20%E2%80%9Cprogressive%20prosecution%E2%80%9D%20commonly,limiting%20the%20number%20of%20people
https://www.fairvote.org/voter_turnout#measuring_voter_turnout
https://www.pewresearch.org/fact-tank/2019/05/03/in-year-of-record-midterm-turnout-women-continued-to-vote-at-higher-rates-than-men/
https://www.prisonpolicy.org/reports/pie2020.html
https://www.themarshallproject.org/2020/01/16/facing-intimidation-black-women-prosecutors-say-enough
https://www.law.cornell.edu/uscode/text/18/1030
https://www.nacdl.org/Landing/ComputerFraudandAbuseAct
https://caselaw.findlaw.com/us-11th-circuit/1549806.html
https://www.eff.org/cases/van-buren-v-united-states
https://www.supremecourt.gov/DocketPDF/19/19-783/146727/20200701130402295_19-
783BriefForPetitioner.pdf
https://www.scotusblog.com/wp-content/uploads/2017/06/16-1344-Nosal-petition.pdf
https://en.wikipedia.org/wiki/United_States_v._John_(2010)
https://caselaw.findlaw.com/us-2nd-circuit/1719750.html
A special thank you goes to HPU’s Media Services Librarian Josh Harris for allowing us to use his outstanding recording equipment.
Taylor Cunningham performed the editing this week.
If you have any comments, questions, concerns, or criticisms, please contact us via:
Twitter: @Poli_Pros
Instagram: Poli.n.Pros
poli.n.pros@gmail.com
More episodes of this podcast can be found on iTunes and Spotify.
25 Nov 2020
Politics of Prosecution, Series 1, Ep 22: Progressive Prosecutor
Welcome back to the Politics of Prosecution Podcast! This podcast examines the interaction between politics, broadly defined, and criminal prosecution on the local, state and federal levels. Our goal is to produce a variety of shows using different media. The podcast’s first series is created and produced by students in High Point University’s Honors Program. They will look at a variety of issues raised by ongoing events.
The twenty-second episode of the first looks broadly at the notion of progressive prosecutors. Since 2016, a new wave of prosecutors have won elected office. They promise to reform the criminal court process in order to rectify perceived biases and undue harshness. This episode explores who they are and what they believe.
https://www.nap.edu/read/10114/chapter/3
https://www.bc.edu/bc-web/schools/law/academics-faculty/law-reviews/bclr/e-supp-online/taking-a-deeper-dive-into-progressive-prosecution-evaluating-the-trend-through-the-lens-of-geography-part-one-internal-constraints.html
https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1018&context=flro
https://www.texasobserver.org/kim-ogg-progressive-prosecutor-harris-county/
https://harvardlawreview.org/2018/12/the-paradox-of-progressive-prosecution/
https://www.washingtonpost.com/podcasts/post-reports/americas-new-crop-of-progressive-prosecutors-are-getting-pushback/
https://abcnews.go.com/US/progressive-prosecutors-aim-change-criminal-justice-system-inside/story?id=73371317
https://harvardlawreview.org/2018/12/the-paradox-of-progressive-prosecution/#:~:text=Fundamentally%2C%20progressive%20prosecutors%20seek%20to%20rebalance%20the%20use,those%20punitive%20measures%2C%20or%2C%20at%20least%2C%20divert%20them.
https://fairandjustprosecution.org/about-fjp/our-work-and-vision/
https://medium.com/fair-and-just-prosecution/21-principles-for-the-21st-century-prosecutor-dc1bf0f2732b
https://fairandjustprosecution.org/wp-content/uploads/2018/12/FJP_21Principles_Interactive-w-destinations.pdf
https://fairandjustprosecution.org/wp-content/uploads/2017/09/FJPBrief.Immigration.9.25.pdf
https://fairandjustprosecution.org/wp-content/uploads/2017/09/FJPBrief.Police-Accountability.9.25.pdf
https://tjcinstitute.com/research/the-case-for-comprehensive-marijuana-reform-policies-public-opinion/
https://fairandjustprosecution.org/wp-content/uploads/2017/09/FJPBrief.Marijuana.9.25.pdf
https://fairandjustprosecution.org/wp-content/uploads/2020/08/COVID-19-Solutions-at-a-Glance-8-28-20.pdf
https://abcnews.go.com/Politics/63-prosecutors-pledge-criminalize-abortion-roe-wade-overturned/story?id=73606211
https://fairandjustprosecution.org/wp-content/uploads/2020/10/Joint-Statement-from-Elected-Prosecutors-on-Abortion-Laws-10-14-20.pdf
https://www.youtube.com/watch?v=QuHbk5BR3cU
https://www.law.cornell.edu/supremecourt/text/295/78
https://courses.lumenlearning.com/wmopen-introbusiness/chapter/meaning-and-purposes-of-the-law/
https://www.coursehero.com/file/p6m3ntr/Define-compare-and-contrast-the-three-political-styles-of-prosecutors-Which/
https://heinonline.org/HOL/Page?handle=hein.journals/nclr89&div=63&g_sent=1&casa_token=&collection=journals
https://heinonline.org/HOL/Page?handle=hein.journals/clr108&div=11&g_sent=1&casa_token=&collection=journals
A special thank you goes to HPU’s Media Services Librarian Josh Harris for allowing us to use his outstanding recording equipment.
If you have any comments, questions, concerns, or criticisms, please contact us via:
Twitter: @Poli_Pros
Instagram: Poli.n.Pros
poli.n.pros@gmail.com
More episodes of this podcast can be found on iTunes and Spotify.
24 Nov 2020
Politics of Prosecution, Series 1, Ep 21: Justice and Media
Welcome back to the Politics of Prosecution Podcast! This podcast examines the interaction between politics, broadly defined, and criminal prosecution on the local, state and federal levels. Our goal is to produce a variety of shows using different media. The podcast’s first series is created and produced by students in High Point University’s Honors Program. They will look at a variety of issues raised by ongoing events.
The twenty-first episode of the first series examines the interaction between politics, broadly defined, and criminal prosecution on the local, state, and federal levels. Our goal is to produce a variety of shows using different media. On October 19, 2020, the Department of Justice held a press conference to announce the indictment of 6 Russian hackers. The facts of the case are briefly outlined. We use this specific case and press conference to frame a discussion about the relationship between prosecutors and the media. Specifically, we examine if the relationship between the media is prosecutors is positive or negative and is the media an effect check on prosecutorial power.
Sources:
https://www.justice.gov/opa/video/six-russian-gru-officers-charged-connection-worldwide-deployment-destructive-malware-and
https://www.justice.gov/opa/pr/six-russian-gru-officers-charged-connection-worldwide-deployment-destructive-malware-and
A special thank you goes to HPU’s Media Services Librarian Josh Harris for allowing us to use his outstanding recording equipment.
If you have any comments, questions, concerns, or criticisms, please contact us via:
Twitter: @Poli_Pros
Instagram: Poli.n.Pros
poli.n.pros@gmail.com
More episodes of this podcast can be found on iTunes and Spotify.
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