News / The Fair and Just Journal

July 14, 2026

Why FJP Supports the Right to Trial Act (2026)

The Right to Trial Act (2026) would help protect one of the Constitution’s most fundamental guarantees: the right to trial by jury.

The bill responds to growing concerns about the “trial penalty,” the substantial disparity between the sentences prosecutors offer during plea negotiations and the sentences that are actually imposed after an accused exercises their right to a trial. When individuals face significantly harsher punishment for exercising their constitutional rights, the fairness and legitimacy of the justice system are called into question.

By giving judges additional authority to consider whether a sentence effectively punishes a defendant for going to trial, the legislation would strengthen constitutional protections, promote proportional sentencing, and reinforce public confidence in the justice system.

May 28, 2026

Why FJP Opposes the Proposed Rule on State Capital Counsel Certification

A proposed Department of Justice rule, issued amid the Trump administration’s broader effort to expand and accelerate use of the death penalty and revive failed “tough on crime” policies, would weaken oversight of state capital post-conviction systems, reduce transparency, and increase the risk of wrongful executions.

Executive Summary

• The Department of Justice has proposed a rule that would make it significantly easier for states to qualify for expedited federal habeas review in death penalty cases.
• The proposed rule weakens critical safeguards designed to ensure states that seek expedited federal habeas review provide competent and adequately funded state post-conviction counsel to individuals sentenced to death.
• The rule reduces transparency by eliminating public notice and comment requirements for state certification applications.
• The proposal risks reducing the Attorney General’s review of state certification applications to a largely ministerial, rubber-stamp approval process with minimal scrutiny.
• Expedited and narrowed federal review increases the danger that constitutional violations, prosecutorial misconduct, or wrongful convictions will go uncorrected.
• Fair and Just Prosecution opposes the rule because it prioritizes speed and finality over fairness, accuracy, transparency, and public trust in the integrity of the justice system.

April 16, 2026

Why We Oppose the DOJ Rule That Undermines Prosecutorial Accountability

At a time when public confidence in institutions is steadily declining, proposals that weaken accountability risk doing further damage to the justice system and public safety. A recently proposed federal rule that would allow the Attorney General to intervene in state bar disciplinary proceedings involving Department of Justice (DOJ) attorneys would decrease transparency and fairness and undermine the rule of law. 

April 8, 2026

Trump’s Latest Executive Order on Elections Is Unconstitutional

On March 31, 2026, former President Donald Trump signed a sweeping Executive Order attempting to dictate how states administer their elections. Misleadingly framed as an effort to address voter fraud, the order instead represents a significant and unconstitutional intrusion into state authority, one that risks undermining the fundamental right to vote for millions of Americans.

This is not the first time such an attempt has been made. Almost exactly one year ago, a similar executive action sought to impose federal requirements on voter registration and mail-in voting. Courts swiftly rejected key provisions of that order, with one judge making clear: the Constitution does not grant the President authority over election administration.

Yet this latest Executive Order doubles down on that same flawed premise.

December 10, 2025

From TV to Reality: Reform Prosecution in Action

When I decided to go to law school, I knew I wanted to be a prosecutor, with the intention of working for an office dedicated to creating a truly fair and just criminal justice system. During my 1L year when the time came to begin searching for summer opportunities, I sought an office that was working to make the criminal justice system that I imagined a reality. Then I came across Fair and Just Prosecution (“FJP”) – FJP is dedicated to assisting prosecutors across the United States actively working to reform our criminal justice system and pushing back against the “lock them all up” rhetoric. From the moment I came across FJP, I knew I wanted to get involved.

I had the privilege of being selected to serve in the Office of the Attorney General for the District of Columbia (“DC OAG”) under Attorney General Brian Schwalb. AG Schwalb is only the second elected Attorney General in the District, which meant I got to witness a newer system.

Over the summer, I served with the Public Safety Division, Juvenile Section. This meant I assisted with a wide variety of cases, from Simple Assault to Murder committed by children aged 17 and younger. The office did an incredible job showing me how to prepare for trial, craft plea deals, and serve the needs of the community by acknowledging that the juvenile was also a member of the community. Every attorney took the time to show me the ropes, took me along to witness every stage of a case, and included me as a part of the team. This summer solidified my desire to do this work, to advocate, and seek fair justice.