Journal article

Criminal Law and Cooperative Federalism

William Partlett

American Criminal Law Review | Georgetown University Law Center | Published : 2019

Abstract

Cooperative federalism is now commonplace in the prosecution of street-level drug and gun crime in the United States. This Article argues that this cooperative federalism presents new—and largely unexplored—constitutional problems. In particular, unlike the civil regulatory context, cooperation threatens the constitu-tional rights of individual criminal defendants by allowing executives to circum-vent local juries, judges, and laws. Moreover, this cooperation also potentially weakens the ability of states to function as political entities that can hold their law enforcement officers accountable in an area of traditional state police power. These problems suggest an important larger project e..

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University of Melbourne Researchers