Andrew Manuel Crespo

Assistant Professor of Law

Biography

Andrew Manuel Crespo is an Assistant Professor of Law at Harvard Law School, where he teaches criminal law and criminal procedure.  Professor Crespo’s research focuses on the institutional design and administration of the criminal justice system, with a particular focus on the administrative role courts play in regulating law enforcement behavior.  His scholarship has appeared in the Harvard Law Review and the Columbia Law Reviewhas been honored by the Association of American Law Schools, and has been profiled in The New York Times.  Professor Crespo also writes regularly for public audiences on contemporary issues, including the criminal investigation of the president, with his contributions appearing in The Washington Post, The Boston Globe, the Harvard Law and Policy Reviewand online at Lawfare, Just Security and Take Care. Professor Crespo serves on the Standing Advisory Committee for the Rules of Criminal Procedure in the state of Massachusetts and is a member of the Academic Advisory Board of the American Constitution Society.

Prior to beginning his academic career, Professor Crespo served as a Staff Attorney with the Public Defender Service for the District of Columbia, where he represented adults and juveniles charged with serious felonies, ranging from armed robberies, to burglaries, to homicides.  Professor Crespo graduated magna cum laude from Harvard Law School in 2008, where he served as president of the Harvard Law Review, the first Latino to hold that position.  Following law school, Professor Crespo served for three years as a law clerk, initially to Judge Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit, then to Associate Justice Stephen Breyer of the U.S. Supreme Court, and finally to Associate Justice Elena Kagan during her inaugural term on the Court.  

Areas of Interest

Andrew Manuel Crespo, The Hidden Law of Plea Bargaining, 118 Colum. L. Rev. 1303 (2018).
Categories:
Criminal Law & Procedure
Sub-Categories:
Criminal Prosecution
,
Sentencing & Punishment
,
Criminal Justice & Law Enforcement
,
Criminal Defense
Type: Article
Abstract
The American criminal justice system is a system of pleas. Few who know it well think it is working. And yet, identifying plausible strategies for law reform proves challenging, given the widely held scholarly assumption that plea bargaining operates “beyond the shadow of the law.” That assumption holds true with respect to substantive and constitutional criminal law—the two most studied bodies of law in the criminal justice system—neither of which significantly regulates prosecutorial power. The assumption is misguided, however, insofar as it fails to account for a third body of law—the subconstitutional law of criminal procedure—that regulates and often establishes the very mechanisms by which prosecutorial plea bargaining power is both generated and deployed. These hidden regulatory levers are neither theoretical nor abstract. Rather, they exist in strikingly varied forms across our pluralist criminal justice system. This Article excavates these unexamined legal frameworks, conceptualizes their regulatory potential, highlights their heterogeneity across jurisdictions, and exposes the institutional actors most frequently responsible for their content. In so doing, it opens up not only new scholarly terrain but also new potential pathways to criminal justice reform.
Andrew Manuel Crespo, Systemic Facts: Toward Institutional Awareness in Criminal Courts, 129 Harv. L. Rev. 2117 (2016).
Categories:
Criminal Law & Procedure
,
Constitutional Law
Sub-Categories:
Criminal Justice & Law Enforcement
,
Criminal Prosecution
Type: Article
Andrew Manuel Crespo, Impeachment as Punishment, 13 Harv. L. & Pol’y Rev. (forthcoming 2019)(reviewing Laurence Tribe & Joshua Matz, To End A Presidency: The Power of Impeachment (2018)).
Categories:
Criminal Law & Procedure
,
Government & Politics
Sub-Categories:
Sentencing & Punishment
,
Criminal Justice & Law Enforcement
,
Executive Office
,
Government Accountability
,
Politics & Political Theory
Type: Article
Abstract
In their recent book "To End a Presidency" Prof. Laurence Tribe and Joshua Matz canvas the arguments for and against impeaching a president who has committed high Crimes and Misdemeanors. This review essay examines that same question ("why impeach?") through the broader lens of criminal jurisprudence, which perennially confronts the related and familiar question: "why punish?" After assessing Tribe and Matz's arguments for and against impeachment along the familiar Benthamite and Kantian axes, the essay ultimately recasts the dilemma of impeachment as a dilemma for reconstructivist accounts of punishment itself: Does punishing a wrongdoer--including potentially the President of the United States--help society heal in the wake of serious criminal acts, or does the prospect of punishment only tear us further apart?
Adriaan Lanni, Andrew Manuel Crespo, Benjamin I. Sachs, David J. Barron, Heather K. Gerken, Justice Anthony M. Kennedy, Justice Sonia Sotomayor & Michael C. Dorf, In Memoriam: Judge Stephen Reinhardt, 131 Harv. L. Rev. 2111 (2018).
Categories:
Legal Profession
,
Government & Politics
Sub-Categories:
Judges & Jurisprudence
,
Biography & Tribute
Type: Article
Andrew Manuel Crespo, Regaining Perspective: Constitutional Criminal Adjudication in the U.S. Supreme Court, 100 Minn. L. Rev. 1985 (2016).
Categories:
Criminal Law & Procedure
,
Government & Politics
,
Constitutional Law
Sub-Categories:
Fourth Amendment
,
Criminal Prosecution
,
Criminal Defense
,
Supreme Court of the United States
Type: Article

Academic Appointment and Employment History

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Education History

Honors and Awards

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