Document Type

Article

Publication Date

2026

Abstract

Prosecutors were once envisioned as the heroes of the criminal legal system, wielding immense power to secure justice. Yet their role remained largely untethered to a coherent, principled framework. Without clear guardrails, traditional prosecution contributed to mass incarceration, racial disparities, and punitive excesses. Progressive prosecution sought to redress these deficiencies, but a lack of cohesive theoretical grounding, accompanied by a divestiture of power, left prosecutions weak. Reform was fragmented by electoral pressures but remained subject to abolitionist critiques. This article asks readers to consider the idea of Just Prosecution as a way of reimagining the prosecutor’s role—raising the question of what purposes should form the foundation of prosecution. Just Prosecution challenges us to consider the foundational principles of the prosecutorial system rather than merely stripping away the flaws of traditional prosecution, leaving a weakened framework. Instead, it seeks to engage in a conversation about building a new model that balances public safety with individual liberty. In contrast to the abolitionist theory, which primarily highlights systemic flaws without offering a tangible alternative, Just Prosecution advocates for an individualized approach wherein prosecution is pursued only when a narrowly tailored justification exists.

Just Prosecution suggests a first-principles framework that prioritizes both liberty and safety as coequal imperatives. The article critiques the penological justifications of retribution, deterrence, and rehabilitation, as either exceeding the prosecutor’s proper remit or being inconsistently applied. It suggests that prosecution should be based upon incapacitation and specific deterrence to prevent identifiable safety issues. It reconceptualizes prosecutorial discretion, urging prosecutors to act as problem-solvers who wield power incisively, maximizing safety when appropriate while limiting interference with liberty. Ultimately, Just Prosecution charts a new normative path by challenging existing paradigms and envisioning prosecutors as stewards of trust, agents who harmonize public safety and individual liberty in a mutually reinforcing manner.

Publication Title

Tennessee Law Review

Volume

93

First Page

221

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