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Center on the Administration of Criminal Law


The Center on the Administration of Criminal Law is a think-tank dedicated to the promotion of good government and prosecution practices in criminal matters. Its work has been the subject of a feature story in the Associated Press.

The Center was established in June 2008 at New York University School of Law. The Center is apolitical and seeks to apply its experience and expertise in criminal justice matters, as well as its empirical research, to improve the administration of criminal justice. The Center analyzes important issues in criminal law or having implications for the administration of criminal law. In particular, the Center focuses on the exercise of power and discretion by prosecutors.

The Center accomplishes its mission in three areas: academia, litigation, and participating in public policy and media debates. The Center is the first organization dedicated to defining good government practices in criminal prosecutions through this multi-pronged strategy.

The Center's academic component gathers empirical research, publishes scholarship, and organizes and hosts conferences and symposia.

In addition to hosting various conferences and events throughout the year, the Center hosts one annual major conference on criminal prosecution, choosing a different substantive or procedural focus each year:

The Center's litigation component uses the Center's research, experience, and expertise to litigate criminal cases or cases having implications for the administration of criminal law, particularly in cases in which the exercise of power and discretion by prosecutors raises substantive legal issues. A core element of the Center's litigation practice is the filing of amicus briefs. The Center litigates cases in all courts, federal and state, and at all levels, including in the Supreme Court of the United States. In fact, in November 2008, the Supreme Court granted certiorari in the first case in which the Center filed a brief after its founding, Abuelhawa v. United States.

Representative cases the Center has participated in as amicus curiae include:

Abuelhawa v. United States -- Supreme Court of the United States—The Center filed an amicus brief on the merits on behalf of the defendant. The case involved whether a prosecutor should charge a defendant with a felony for using a cell phone to buy drugs solely for personal use under a statute targeting the use of a "communications device" to "facilitat[e]" a narcotics distribution. The Center previously had filed an amicus brief in support of a petition for writ of certiorari and the Supreme Court granted certiorari on November 14, 2008. On May 26, 2009, in a unanimous opinion, the Court agreed with the Center that the defendant should prevail. The Court rested its decision in part on statutory history and Justice Department charging policy, both subjects of the Center's brief.


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