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Article: Criminal Enforcement Redundancy: Oversight of Decisions Not to Prosecute

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User Name: DAVID SCHOEN
Date and Time: Thursday, February 28, 2019 10:34:00 AM EST
Job Number: 83853687
Document (1)
1. Article: Criminal Enforcement Redundancy: Oversight of Decisions Not to Prosecute, 103 Minn. L. Rev. 844
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DAVID SCHOEN
Article: Criminal Enforcement Redundancy: Oversight of Decisions Not to Prosecute
Reporter
103 Minn. L. Rev. 844 *
December, 2018
Length: 23570 words
Author: Darryl K. Brown*
+ O. M. Vicars Professor of Law and Barron F. Black Research Professor of Law, University of Virginia School of Law.
Copyright © 2018 by Darryl K. Brown.
Text
[*844]
INTRODUCTION
In light of concerns about mass incarceration and excessive search practices by police, 1 underenforcement of criminal law is
not the first problem that springs to mind for American criminal justice. But in fact, some of the prominent contemporary
complaints about U.S. criminal justice, as well as some longstanding ones, object to underenforcement of criminal law. Two of
the most notable categories are failures to prosecute in cases of unjustified police violence, especially against nonwhite victims,
and in cases of sexual assaults. Lower-profile examples abound as well, as do historical examples.
Given the nation's history, underenforcement problems are often related to race. Insufficient law enforcement attention to
crimes in minority neighborhoods, for example, has been criticized as depriving African American victims and communities of
their fair share of government protection from criminal harm. 2 In earlier eras, law enforcement inattention to, or wholesale
neglect [*845] of, white offenders' victimization of black victims - in lynchings, attacks on civil right activists, sexual assaults,
and other contexts - 

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