Darryl K. Brown

  • O. M. Vicars Professor of Law

Darryl K. Brown teaches Criminal Law, Criminal Adjudication and Evidence at UVA Law, among other courses. Before joining the law faculty in 2007, he was the Class of 1958 Alumni Professor of Law at Washington and Lee University School of Law, where he joined the faculty in 1998. He is the author of "Free Market Criminal Justice: How Democracy and Laissez Faire Undermine the Rule of Law."

Brown clerked for Chief Judge Dolores K. Sloviter of the U.S. Court of Appeals for the Third Circuit after earning his law degree at the University of Virginia. He was an associate at Kilpatrick & Cody in Atlanta before working as an assistant public defender in Clarke County, Ga.

Scholarship Profile: Exploring and Explaining How Criminal Law Really Works (Virginia Journal 2009)


  • J.D.
    University of Virginia School of Law
  • M.A.
    College of William and Mary
  • B.A.
    East Carolina University


The Oxford Handbook of Criminal Process (edited with Jenia I. Turner & Bettina Weisser), Oxford University Press (2019).


Adjudication of Criminal Justice: Cases and Problems (with Ronald L. Carlson & Susan W. Crump), Thomson/West (2007).

Book Chapters

Disclosure, Security, Technology: Challenges in Pre-trial Access to Evidence, in The Oxford Handbook of Prosecutors and Prosecution, Oxford University Press, 101–116 (2021).
Evidence Discovery and Disclosure in Common Law Systems, in The Oxford Handbook of Criminal Process, Oxford University Press, 543–561 (2019).
Discovery, in Reforming Criminal Justice: A Report by the Academy for Justice, 147–169 (2017).
Discovery, in Reforming Criminal Justice: Pretrial and Trial Processes, Academy for Justice, 147–169 (2017).
Public Welfare Offenses, in The Oxford Handbook of Criminal Law, Oxford University Press, 862–883 (2014).
Reforming the Judge's Role in Plea Bargaining, in The Future of Criminal Law?, Robina Institute of Criminal Law and Criminal Justice, 75–84 (2014).
American Prosecutors’ Powers and Obligations in the Era of Plea Bargaining, in The Prosecutor in Transnational Perspective, Oxford University Press, 200–213 (2012).
The Enduring Pattern of Broad Criminal Codes and a Path for Structural Change, in Criminal Law Conversations, Oxford University Press, 528–529 (2009).
Class and Credibility: Insights from Empirical Sociology, Cognitive Psychology, and Trial Practice, in Class and Identity Readings (conference proceedings), 499 (1995).
Structure and Relation in the Jurisprudence of Juries: Comparing the Capital Sentencing and Punitive Damages Doctrines, in Successful Techniques for Civil Trials, Lawyers Cooperative Pub. (2 ed. 1992).

Articles & Reviews

The Trial Lottery (with Kiel Brennan-Marquez & Stephen E. Henderson), 56 Wake Forest Law Review 1–45 (2021).
Civil Order, Criminal Justice, and ‘No Justice No Peace’, 70 University of Toronto Law Journal 84–101 (2020).
The Case for a Trial Fee: What Money Can Buy in Criminal Process, 107 California Law Review 1415–1454 (2019).
Reforming Criminal Justice by Reforming Lawyers (reviewing Benjamin H. Barton & Stephanos Bibas, Rebooting Justice: More Technology, Fewer Lawyers, and the Future of Law) Regulatory Review (2018).
Das von den Regeln des freien Marktes inspirierte System des plea bargaining in den USA, 130 Zeitschrift für die gesamte Strafrechtswissenschaft 447–475 (2018).
How Criminal Law Dictates Rules of Criminal Procedure, 70 Rutgers University Law Review 1093–1115 (2018).
How Criminal Law Dictates Rules of Criminal Procedure, 70 Rutgers University Law Review 1093–1115 (2018).
How to Make Criminal Trials Disappear Without Pretrial Discovery, 55 American Criminal Law Review 155–201 (2018).
The Judicial Role in Criminal Charging and Plea Bargaining, 46 Hofstra Law Review 63–85 (2017).
Judicial Power to Regulate Plea Bargaining, 57 William & Mary Law Review 1225–1276 (2016).
Penal Modernism in Theory and Practice, 1 Critical Legal Analysis 182–188 (2014).
Strict Liability in the Shadow of Juries, 67 SMU Law Review 525–543 (2014).
The Perverse Effects of Efficiency in Criminal Process, 100 Virginia Law Review 183–223 (2014).
What Can Kafka Tell Us About American Criminal Justice? (reviewing Robert P. Burns, Kafka’s Law: The Trial and American Criminal Justice) 93 Texas Law Review 487–503 (2014).
Review of Daniel Givelber & Amy Farrell, Not Guilty: Are the Acquitted Innocent? (reviewing Daniel Givelber & Amy Farrell, Not Guilty: Are the Acquitted Innocent?) Criminal Law & Criminal Justice Books (2013).
Criminal Law Reform and the Persistence of Strict Liability, 62 Duke Law Journal 285–338 (2012).
Criminal Law Theory and Criminal Justice Practice, 49 American Criminal Law Review 73–103 (2012).
Defense Counsel, Trial Judges, and Evidence Production Protocols, 45 Texas Tech Law Review 133–149 (2012).
Federal Mens Rea Interpretation and the Limits of Culpability’s Relevance, 75 Law & Contemporary Problems 109–131 (2012).
Lafler, Frye and Our Still Unregulated Plea Bargaining System, 25 Federal Sentencing Reporter 131–134 (2012).
Criminal Law’s Unfortunate Triumph over Administrative Law, 7 Journal of Law, Economics, & Policy 657–683 (2011).
Why Padilla Doesn’t Matter (Much), 58 UCLA Law Review 1393–1415 (2011).
Can Criminal Law Be Controlled? (reviewing Douglas Husak, Overcriminalization: The Limits of the Criminal Law) 108 Michigan Law Review 971–991 (2010).
Epiphenomenal Indigent Defense, 75 Missouri Law Review 907–930 (2010).
The Confrontation Clause and the High Stakes of the Court’s Consideration of Briscoe v. Virginia (with Stephen W. Murphy), 95 Virginia Law Review in Brief 907–930 (2010).
History’s Challenge to Criminal Law Theory, 3 Criminal Law & Philosophy 271–287 (2009).
The Multifarious Politics of Capital Punishment: A Response to Smith, 94 Virginia Law Review in Brief 57–64 (2008).
Yick Wo and the Constitutional Regulation of Criminal Law, 2008 University of Illinois Law Review 1405–1413 (2008).
Democracy and Decriminalization, 86 Texas Law Review 223–275 (2007).
The Distribution of Fraud Enforcement, 28 Cardozo Law Review 1593–1598 (2007).
Cost-Benefit Analysis in Criminal Law, 92 California Law Review 323–372 (2004).
The Problematic and Faintly Promising Dynamics of Corporate Crime Enforcement, 1 Ohio State Journal of Criminal Law 521–550 (2004).
An Overview of the American Criminal Jury (with David Abrami & Kimberley A. Mottley), 21 St. Louis University Public Law Review 99–122 (2002).
Judicial Instructions, Defendant Culpability, and Jury Interpretation of Law, 21 St. Louis University Public Law Review 25–50 (2002).
The Warren Court, Criminal Procedure Reform, and Retributive Punishment, 59 Washington & Lee Law Review 1411–1428 (2002).
Third-Party Interests in Criminal Law, 80 Texas Law Review 1383–1428 (2002).
Watching Legislatures for Apprendi's Effects on Plea Bargaining, 5 California Criminal Law Review 1–17 (2002).
What Virtue Ethics Can Do for Criminal Justice: A Reply to Huigens, 37 Wake Forest Law Review 29–50 (2002).
Street Crime, Corporate Crime, and the Contingency of Criminal Liability, 149 University of Pennsylvania Law Review 1295–1360 (2001).
Criminal Procedure Entitlements, Professionalism, and Lawyering Norms, 61 Ohio State Law Journal 801–866 (2000).
Regulating Decision Effects of Legally Sufficient Jury Instructions, 73 Southern California Law Review 1105–1132 (2000).
Criminal Procedure, Justice, Ethics, and Zeal, 96 Michigan Law Review 2146–2155 (1998).
Trial Advocacy as Legal Reasoning—And Legal Realism, 24 NYU Law Review 315–332 (1998).
Jury Nullification within the Rule of Law, 81 Minnesota Law Review 1149–1200 (1997).
Rethinking Georgia's "Missing Witness" Rules for Closing Arguments, 30 Georgia State Bar Journal 135–142 (1994).
The Means and Ends of Representative Juries, 1 Virginia Journal of Social Policy & the Law 445–474 (1994).
The Role of Race in Jury Impartiality and Venue Transfers, 53 Maryland Law Review 107–156 (1994).
The Misdemeanor Proof of Insurance: A Proposal for Reform, 29 Georgia State Bar Journal 164–167 (1993).
Racism and Race Relations in the University, 76 Virginia Law Review 295–336 (1990).

Op-Eds, Blogs, Shorter Works

Current Courses

All Courses

Criminal Adjudication
Criminal Law
Criminal Procedure
Race & Crime Seminar
White Collar Crime
Crime and Regulation of Vice


Rap on Trial: The Law in Practice

Featured Scholarship