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Andrew Ashworth

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This page from the Minnesota Law Review discusses the pros and cons of federalism-based enforcement redundancy in criminal law, specifically comparing it to private prosecution and administrative review. It argues that while federalism offers a check on state underenforcement, it relies heavily on the discretion of federal prosecutors rather than private victims. The text is heavily footnoted with references to UK and Canadian case law regarding prosecutorial oversight.

Legal review article / congressional record
2025-11-19
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This document discusses the role of private prosecutions as a structural check on district attorneys, similar to grand juries, and argues that their rarity does not justify abolition. It further explores the historical connection between the decline of private prosecution in the U.S. and racial discrimination, noting how legal barriers prevented African Americans from prosecuting crimes or testifying. The footnotes provide extensive comparative legal references to prosecution systems in Germany, England, Wales, Canada, and Australia.

Legal document / law review article
2025-11-19
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