Politically Motivated Prosecutions in America: A Betrayal of the Jeffersonian Ideal

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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Publication Details

Published
2025-09-23
DOI
https://doi.org/10.31235/osf.io/en7gf_v1
Primary Topic
American Constitutional Law and Politics
Type
article
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article

Politically Motivated Prosecutions in America: A Betrayal of the Jeffersonian Ideal

Carlos Moreno
American Constitutional Law and Politics
article

Politically Motivated Prosecutions in America: A Betrayal of the Jeffersonian Ideal

Carlos Moreno
article en

Abstract

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.

Openalex Percentile: Top 70%
American Constitutional Law and Politics
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