Frank Miller’s book, Prosecution, provides many examples of how careful observation of existing prosecutorial practices can furnish a basis for reconsidering the propriety of existing legal doctrine and day-to-day practice. Unfortunately, the limited space available here precludes any such exhaustive catalog. Nevertheless, three issues raised by Miller’s research merit particular attention. The first concerns the use of post-arrest warrants. Miller’s painstaking description of prosecution practices in Wisconsin disclosed that the…

Though it did not attract much attention, one of Justice Brennan’s last majority opinions for the Supreme Court effected a major change in the long-standing interpretation of the double jeopardy clause. Brennan’s opinion in Grady v. Corbin affirmed a position I had taken in previous articles, namely that the double jeopardy clause provides some form of protection against reprosecution of the same conduct. I still believe the principle correct. But…