Andrew Ferguson on Big Data Prosecution and Brady
In this episode, Andrew Guthrie Ferguson, Visiting Professor of Law at American University Washington College of Law, discusses his article Big Data Prosecution and Brady, forthcoming soon in the UCLA Law Review. Professor Ferguson begins by discussing how prosecution has changed from a purely reactive role to one that's more proactive with "intelligence-driven" strategies, and how that's enabled by the use of big data in prosecutor's offices. He identifies a fundamental problem that arises with prosecutorial reliance on data and its centralization--systems used by prosecutors and police are not designed to identify Brady materials. Professor Ferguson introduces a new theory of a "Networked Brady" that recognizes new and emerging technologies and offers suggested interventions on how to engineer prosecutorial big data systems to comply with Brady and due process requirements. Professor Ferguson's scholarship is available on SSRN and he's on Twitter at @ProfFerguson.