The Power Of The Prosecutor

Author : Angela J. Davis
Publisher : Oxford University Press
Page : 264 pages
File Size : 52,8 Mb
Release : 2007-04-12
Category : Law
ISBN : 9780199884278

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Arbitrary Justice by Angela J. Davis Pdf

What happens when public prosecutors, the most powerful officials in the criminal justice system, seek convictions instead of justice? Why are cases involving well-to-do victims often prosecuted more vigorously than those involving poor victims? Why do wealthy defendants frequently enjoy more lenient plea bargains than the disadvantaged? In this eye-opening work, Angela J. Davis shines a much-needed light on the power of American prosecutors, revealing how the day-to-day practice of even the most well-intentioned prosecutors can result in unequal treatment of defendants and victims. Ranging from mandatory minimum sentencing laws that enhance prosecutorial control over the outcome of cases, to the increasing politicization of the office, Davis uses powerful stories of individuals caught in the system to demonstrate how the perfectly legal exercise of prosecutorial discretion can result in gross inequities in criminal justice. For the paperback edition, Davis provides a new Afterword which covers such recent incidents of prosecutorial abuse as the Jena Six case, the Duke lacrosse case, the Department of Justice firings, and more.

Author : Joan E. Jacoby,Edward C. Ratledge
Publisher : Bloomsbury Publishing USA
Page : 292 pages
File Size : 42,6 Mb
Release : 2016-01-11
Category : Law
ISBN : 9798216131106

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The Power of the Prosecutor by Joan E. Jacoby,Edward C. Ratledge Pdf

In this book, readers will take a fascinating journey with local prosecutors as they seek to obtain reasonable and appropriate case dispositions while preventing abuse and misuse of the law and protecting the civil rights of their jurisdictions. Prosecutors have a powerful and generally little-understood role in the criminal justice system. Their important powers include accepting or rejecting cases, making decisions about dismissing charges, or moving cases to disposition and recommending a sentence—all of which can critically affect not only individuals but society through their ability to shape our criminal justice system. The Power of the Prosecutor: Gatekeepers of the Criminal Justice System explores the real-world actions and outcomes of local prosecutors through five well-known cases, documenting the variety of pressures prosecutors face both within and outside their offices as they attempt to make the best decisions about crimes and defendants. Written by individuals who have actively engaged prosecutors in practically every U.S. state over 30 years' time, the book examines actual case profiles that enable readers to witness how prosecutors reach their behind-the-scenes decisions and grasp how the criminal justice system operates. The authors explain the variations in prosecution, including the effects of policies and priorities, action choices available, and the types of both internal and external relationships with other participants in the system: the police, the courts, the defense counsel, and the community they represent. Readers will come away with in-depth knowledge and understanding of the complexities and pressures faced by prosecutors in upholding justice under a wide variety of conditions.

Author : Karolina Kremens
Publisher : Routledge
Page : 0 pages
File Size : 55,9 Mb
Release : 2022-09-26
Category : Criminal investigation
ISBN : 0367655586

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Powers of the Prosecutor in Criminal Investigation by Karolina Kremens Pdf

This comparative analysis examines the scope of prosecutorial powers at different phases of criminal investigation in four countries: the United States, Italy, Poland, and Germany. Since in all four the number of criminal cases decided without trial is constantly increasing, criminal investigation has become central in the criminal process. The work asks: who should be in charge of this stage of the process? Prosecutors have gained tremendous powers to influence the outcome of the criminal cases, including powers once reserved for judges. In a system in which the role of the trial is diminishing and the significance of criminal investigation is growing, this book questions whether the prosecutor's powers at the early stage of the process should be enhanced. Using a problem-oriented approach, the book provides a parallel analysis of each country along five possible spheres of prosecutorial engagement: commencing criminal investigation; conducting criminal investigation, undertaking initial charging decisions; imposing coercive measures; and discontinuing criminal investigation. Using the competing adversarial-inquisitorial models as a framework, the focus is on the prosecutor as a crucial figure in the criminal process and investigation. The insights of this book will be of interest and relevance to students and academics in criminal justice, criminology, law, and public policy, as well as policymakers, government officials, and others interested in legal reform.

Author : Victoria Colvin,Philip Stenning
Publisher : Routledge
Page : 430 pages
File Size : 54,6 Mb
Release : 2018-09-24
Category : Social Science
ISBN : 9780429884948

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The Evolving Role of the Public Prosecutor by Victoria Colvin,Philip Stenning Pdf

The modern public prosecutor is a figure both powerful and enigmatic. Legal scholars and criminologists often identify “three essential components” of criminal justice systems: police, courts and corrections. Yet increasingly, the public prosecutor occupies a distinct role independent from any of these branches. Acting outside of the court, and therefore largely out of the public eye, the prosecutor’s control over whether and what charges proceed to court can limit judicial discretion on sentencing, open pathways to alternative measures and even deny entry into the criminal justice system entirely. In this sense the prosecutor serves as a true “gatekeeper” to the criminal process. This book addresses key aspects of the evolving role of domestic and international prosecutors in common law and civil law systems in the twenty-first century, and the challenges posed by this evolution. This collection of chapters from respected scholars takes an international, comparative approach and explores how these different legal systems have borrowed theorisations and articulations of the prosecutorial role from each other in adapting the office to changing conditions and expectations. The volume is structured around four main themes relating to the role of the modern prosecutor: the nature of the prosecutor’s office, the role of the prosecutor in investigations, prosecutorial discretion and how it is exercised, and politicisation and accountability of prosecutors. This book is essential for scholars and students in criminal justice, pre-law/legal studies, criminology, justice studies and political science, and is useful as a resource for those interested in legal change around the world.

Author : Laura Coates
Publisher : Simon and Schuster
Page : 272 pages
File Size : 50,5 Mb
Release : 2023-01-17
Category : Biography & Autobiography
ISBN : 9781982173777

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Just Pursuit by Laura Coates Pdf

This instant New York Times bestseller offers “a firsthand, eye-opening story of a prosecutor that exposes the devastating criminal punishment system” (Ibram X. Kendi, National Book Award–winning author of How to Be an Antiracist) in this “compelling collection of engaging, well-written, keenly observed vignettes from [Laura Coates’s] years as a lawyer with the US Department of Justice” (The New York Times Book Review). When Laura Coates joined the Department of Justice as a prosecutor, she wanted to advocate for the most vulnerable among us. But she quickly realized that even with the best intentions, “the pursuit of justice creates injustice.” Coates’s experiences show that no matter how fair you try to fight, being Black, a woman, and a mother are identities often at odds in the justice system. She and her colleagues face seemingly impossible situations as they teeter between what is right and what is just. On the front lines of our legal system, Coates saw how Black communities are policed differently; Black cases are prosecuted differently; Black defendants are judged differently. How the court system seems to be the one place where minorities are overrepresented, an unrelenting parade of Black and Brown defendants in numbers that belie their percentage in the population and overfill American prisons. She also witnessed how others in the system either abused power or were abused by it—for example, when an undocumented witness was arrested by ICE, when a white colleague taught Coates how to unfairly interrogate a young Black defendant, or when a judge victim-blamed a young sexual assault survivor based on her courtroom attire. Through these “searing, eye-opening” (People) scenes from the courtroom, Laura Coates explores the tension between the idealism of the law and the reality of working within the parameters of our flawed legal system, exposing the chasm between what is right and what is lawful.

Author : National Research Council,Division of Behavioral and Social Sciences and Education,Committee on Law and Justice
Publisher : National Academies Press
Page : 72 pages
File Size : 52,9 Mb
Release : 2001-05-23
Category : Law
ISBN : 9780309170918

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What's Changing in Prosecution? by National Research Council,Division of Behavioral and Social Sciences and Education,Committee on Law and Justice Pdf

This workshop arose out of the efforts of the Committee on Law and Justice to assist the National Institute of Justice in identifying gaps in the overall research portfolio on crime and justice. It was designed to develop ideas about the kinds of knowledge needed to gain a better understanding of the prosecution function and to discuss the past and future role of social science in advancing our understanding of modern prosecution practice. The Committee on Law and Justice was able to bring together senior scholars who have been working on this subject as well as current or former chief prosecutors, judges, and senior officials from the U.S. Department of Justice to share their perspectives. Workshop participants mapped out basic data needs, discussed the need to know more about recent innovations such as community prosecution, and discussed areas where one would expect to see changes that have not occurred. The resulting report summarizes these discussions and makes useful suggestions for learning more about prosecution.

Author : Emily Bazelon
Publisher : Random House Trade Paperbacks
Page : 450 pages
File Size : 47,5 Mb
Release : 2020-05-05
Category : Social Science
ISBN : 9780399590030

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Charged by Emily Bazelon Pdf

NEW YORK TIMES BESTSELLER • A renowned journalist and legal commentator exposes the unchecked power of the prosecutor as a driving force in America’s mass incarceration crisis—and charts a way out. “An important, thoughtful, and thorough examination of criminal justice in America that speaks directly to how we reduce mass incarceration.”—Bryan Stevenson, author of Just Mercy “This harrowing, often enraging book is a hopeful one, as well, profiling innovative new approaches and the frontline advocates who champion them.”—Matthew Desmond, author of Evicted FINALIST FOR THE LOS ANGELES TIMES BOOK PRIZE • SHORTLISTED FOR THE J. ANTHONY LUKAS BOOK PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY NPR • The New York Public Library • Library Journal • Publishers Weekly • Kirkus Reviews The American criminal justice system is supposed to be a contest between two equal adversaries, the prosecution and the defense, with judges ensuring a fair fight. That image of the law does not match the reality in the courtroom, however. Much of the time, it is prosecutors more than judges who control the outcome of a case, from choosing the charge to setting bail to determining the plea bargain. They often decide who goes free and who goes to prison, even who lives and who dies. In Charged, Emily Bazelon reveals how this kind of unchecked power is the underreported cause of enormous injustice—and the missing piece in the mass incarceration puzzle. Charged follows the story of two young people caught up in the criminal justice system: Kevin, a twenty-year-old in Brooklyn who picked up his friend’s gun as the cops burst in and was charged with a serious violent felony, and Noura, a teenage girl in Memphis indicted for the murder of her mother. Bazelon tracks both cases—from arrest and charging to trial and sentencing—and, with her trademark blend of deeply reported narrative, legal analysis, and investigative journalism, illustrates just how criminal prosecutions can go wrong and, more important, why they don’t have to. Bazelon also details the second chances they prosecutors can extend, if they choose, to Kevin and Noura and so many others. She follows a wave of reform-minded D.A.s who have been elected in some of our biggest cities, as well as in rural areas in every region of the country, put in office to do nothing less than reinvent how their job is done. If they succeed, they can point the country toward a different and profoundly better future.

Author : Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze
Publisher : Cambridge University Press
Page : 507 pages
File Size : 44,5 Mb
Release : 2020-01-16
Category : Law
ISBN : 9781108483391

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Core Concepts in Criminal Law and Criminal Justice by Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze Pdf

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Author : Ontario. Attorney General's Advisory Committee on Charge Screening, Disclosure, and Resolution Discussions,G. Arthur Martin
Publisher : The Committee
Page : 523 pages
File Size : 46,8 Mb
Release : 1993-01-01
Category : Evidence, Criminal
ISBN : 077781515X

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Report of the Attorney General's Advisory Committee on Charge Screening, Disclosure, and Resolution Discussions by Ontario. Attorney General's Advisory Committee on Charge Screening, Disclosure, and Resolution Discussions,G. Arthur Martin Pdf

Author : Erik Luna,Marianne Wade
Publisher : Oxford University Press
Page : 490 pages
File Size : 44,6 Mb
Release : 2012-09-27
Category : Law
ISBN : 9780199844807

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The Prosecutor in Transnational Perspective by Erik Luna,Marianne Wade Pdf

In this book, Erik Luna and Marianne Wade examine the considerable powers of the American prosecutor and look abroad in order to learn valuable lessons from a transnational examination of prosecutorial authority. They explore parallels and distinctions in the processes available to and decisions made by prosecutors in the United States and Europe. Through the varied topics covered by the contributors on both sides of the Atlantic, they demonstrate how the enhanced role of the prosecutor represents a crossroads for criminal justice with weighty legal and socio-economic consequences.

Author : Nazir Afzal
Publisher : Random House
Page : 218 pages
File Size : 54,8 Mb
Release : 2020-04-16
Category : Biography & Autobiography
ISBN : 9781473571488

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The Prosecutor by Nazir Afzal Pdf

The outsider who transformed our justice system Nazir Afzal knows a thing or two about justice. As a Chief Prosecutor, it was his job to make sure the most complex, violent and harrowing crimes made it to court, and that their perpetrators were convicted. From the Rochdale sex ring to the earliest prosecutions for honour killing and modern slavery, Nazir was at the forefront of the British legal system for decades. But his story begins in Birmingham, in the sixties, as a young boy facing racist violence and the tragic death of a young family member - and it's this that sets him on the path to his groundbreaking career, and which enables him to help communities that the conventional justice system ignores, giving a voice to the voiceless. A memoir of struggle and survival as well as crime and punishment, The Prosecutor is both a searing insight into the justice system and a powerful story of one man's pursuit of the truth.

Author : Ronald F. Wright,Kay L. Levine,Russell M. Gold
Publisher : Oxford University Press
Page : 696 pages
File Size : 55,7 Mb
Release : 2021-04-30
Category : Law
ISBN : 9780190905446

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The Oxford Handbook of Prosecutors and Prosecution by Ronald F. Wright,Kay L. Levine,Russell M. Gold Pdf

The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric and heightened fear of crime among voters; legislatures' embrace of extreme sentencing ranges to respond to such concerns; and the uncertain or limited accountability of prosecutors to the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial behaviour and the institutional structures that frame their behavior. The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial strategies and priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field.

Author : Joan E. Jacoby,Edward C. Ratledge
Publisher : Praeger
Page : 0 pages
File Size : 40,7 Mb
Release : 2016-01-11
Category : Law
ISBN : 9781440842184

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The Power of the Prosecutor by Joan E. Jacoby,Edward C. Ratledge Pdf

In this book, readers will take a fascinating journey with local prosecutors as they seek to obtain reasonable and appropriate case dispositions while preventing abuse and misuse of the law and protecting the civil rights of their jurisdictions. Prosecutors have a powerful and generally little-understood role in the criminal justice system. Their important powers include accepting or rejecting cases, making decisions about dismissing charges, or moving cases to disposition and recommending a sentence—all of which can critically affect not only individuals but society through their ability to shape our criminal justice system. The Power of the Prosecutor: Gatekeepers of the Criminal Justice System explores the real-world actions and outcomes of local prosecutors through five well-known cases, documenting the variety of pressures prosecutors face both within and outside their offices as they attempt to make the best decisions about crimes and defendants. Written by individuals who have actively engaged prosecutors in practically every U.S. state over 30 years' time, the book examines actual case profiles that enable readers to witness how prosecutors reach their behind-the-scenes decisions and grasp how the criminal justice system operates. The authors explain the variations in prosecution, including the effects of policies and priorities, action choices available, and the types of both internal and external relationships with other participants in the system: the police, the courts, the defense counsel, and the community they represent. Readers will come away with in-depth knowledge and understanding of the complexities and pressures faced by prosecutors in upholding justice under a wide variety of conditions.

Author : Martha Minow,C. Cora True-Frost,Alex Whiting
Publisher : University of Michigan Press
Page : 397 pages
File Size : 44,7 Mb
Release : 2015-04-15
Category : Law
ISBN : 9780472052516

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The First Global Prosecutor by Martha Minow,C. Cora True-Frost,Alex Whiting Pdf

Legal scholars and practitioners examine the role of the ICC’s first prosecutor

Author : Elie Honig
Publisher : HarperCollins
Page : 322 pages
File Size : 40,7 Mb
Release : 2022-05-03
Category : Political Science
ISBN : 9780063271654

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Hatchet Man by Elie Honig Pdf

NATIONAL BESTSELLER “Elie Honig has written much more than a compelling takedown of an unfit attorney general; he also offers a blueprint for how impartial and apolitical justice should be administered in America.”—Preet Bharara “An essential analysis for anyone committed to understanding the abuses of the Trump administration so we can ensure they never happen again.”—Joyce White Vance “Essential reading for all who cherish the rule of law in America.”—George Conway "Written with all the color and pacing of a legal thriller."—Variety CNN Senior Legal Analyst Elie Honig exposes William Barr as the most corrupt attorney general in modern U.S. history, with stunning new scandals bubbling to the surface even after Barr's departure from office. In Hatchet Man, former federal prosecutor Elie Honig uncovers Barr’s unprecedented abuse of power as Attorney General and the lasting structural damage done to the Justice Department. Honig uses his own experience as a prosecutor at DOJ to show how, as America’s top law enforcement official, Barr repeatedly violated the Department’s written rules, and those vital, unwritten norms and principles that comprise the “prosecutor’s code.” Barr was corrupt from the beginning. His first act as AG was to distort the findings of Special Counsel Robert Mueller, earning a public rebuke for his dishonesty from Mueller himself and, later, from a federal judge. Then, Barr tried to manipulate the law to squash a whistleblower’s complaint about Trump’s dealings with Ukraine—the report that eventually led to Trump’s first impeachment. Barr later intervened in an unprecedented manner to undermine his own DOJ prosecutors on the cases of Michael Flynn and Roger Stone, both political allies of the President. And then Barr fired the U.S. Attorney for the Southern District of New York under false pretenses. Finally, Barr amplified baseless theories about massive mail-in ballot fraud, pouring gasoline on the dumpster fire battle over the 2020 election results and contributing to the January 6 insurrection that led to Trump’s second impeachment. In Hatchet Man, Honig proves that Barr trampled the two core virtues that have long defined the department and its mission: credibility and independence – ultimately in service of his own deeply-rooted, extremist legal and personal beliefs. Honig shows how Barr corrupted the Justice Department and explains what we must do to prevent this from ever happening again.