Analysis of the impact of politically motivated prosecutions on constitutionalism in America, highlighting key historical periods.
AbstractThis paper examines the persistent issue of politically motivated prosecutions within the American criminal justice system. It analyzes three recent cases, situating them within a broader historical context of such practices. The analysis acknowledges the inherent tension between politically driven prosecutions and the core principles of American constitutionalism. Despite this dissonance, the paper demonstrates that politically motivated prosecutions have been a recurrent phenomenon throughout U.S. history. It explores several distinct periods where these tactics were particularly prevalent, including the Progressive Era, the Red Scares, the Vietnam War era, the Civil Rights Era, and the War on Terror. Additionally, the paper investigates the influence of interest groups on shaping and driving these prosecutorial decisions.
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Carlos Moreno (2025) studied this question.
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