Criminal law and immigration law, once separate fields of governance in the United States, are rapidly growing less distinct. Immigration crimes now account for a majority of all federal prosecutions; deportation is widely seen as a key tool of crime control; immigration authorities run the nation’s largest prison system; and state and local law enforcement officers work hand-in-hand with federal immigration officials. This article traces these trends and assesses their significance. The rise of an intertwined regime of “crimmigration” law has generally been attributed to some combination of nativism, overcriminalization, and a cultural obsession with security, but it also exemplifies, and has helped to reinforce, a crucial and underappreciated development in U.S. legal culture—a rising tendency to treat legal rules and legal procedures as interchangeable tools, to be brought to bear pragmatically and instrumentally on an ad hoc basis. Ad hoc instrumentalism of this kind has genuine strengths, but it also raises significant concerns about the rule of law and political accountability. The accountability concerns, in particular, are exacerbated by two other features of our newly merged system of immigration enforcement and criminal justice: its bureaucratic opacity and its selective application.
Most scholarship on prosecutors in the United States is diagnostic, prescriptive, or both; the motivating questions are, What is the problem with prosecutors, and how do we fix it? Answering those questions has been difficult, in part because there are at least seven different problems with American prosecutors. Six of those problems are relatively familiar: the power of prosecutors, the discretion they exercise, the illegality in which they too often are found to have engaged, the punitive ideology that shapes many of their practices, their often-frustrating unaccountability, and organizational inertia within prosecutors' offices. These problems intersect, so they are difficult to address separately. The seventh problem is discussed less often but may be the most basic: the ambiguity of the prosecutor's role. That problem needs to be understood as well if progress is to be made addressing the other six.
Police departments today are more attractive places than they used to be for experiments in participatory management and other forms of workforce empowerment, but experiments of this kind in law enforcement remain disappointingly rare. The articles in this special issue, drawn from an international, cross-disciplinary conference on 'police reform from the bottom up,' highlight the potential benefits of giving rank-and-file officers a larger collective voice in the shaping of their work, as well as some of the difficulties of doing so, and the conditions under which it is most likely to succeed.
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