Associate John Crain published an article with the Albany Law Review. It will be in the print edition this fall.
The article is called The Constitutional Tort of Shielding Criminal Wrongdoers in Violation of the Equal Protection of the Laws and can be read here.
The article argues that victims of crime should be able to challenge a non-prosecution decision that is motivated by discriminatory motives on the part of a state prosecutor. Under current case law, crime victims are said not to have “standing” under Article III to challenge a non-prosecution. John’s research shows how that leads to absurd results and blesses outright discrimination by prosecutors.
It is informed and inspired by what we do here at Wigdor!