Prosecutors and Democracy

Prosecutors and Democracy PDF

Author: Máximo Langer

Publisher: Cambridge University Press

Published: 2017-10-26

Total Pages: 361

ISBN-13: 1107187559

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The first sustained, scholarly examination of the relationship between prosecutors and democracy from a cross-national, cross-disciplinary perspective. Written by a team of internationally distingushed contributors, this is an ideal resource for legal scholars and reformers, political philosophers, and social scientists.

The Politics of Federal Prosecution

The Politics of Federal Prosecution PDF

Author: Christina L. Boyd

Publisher: Oxford University Press, USA

Published: 2021

Total Pages: 253

ISBN-13: 0197554687

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"In February 2016, while testifying in a House Appropriations Subcommittee hearing, U.S. Attorney General Loretta Lynch, a Barack Obama appointee, promised that her department would act with independence in investigating Hillary Clinton's usage of a personal email server during her tenure as Secretary of State. During that hearing, Congressman John Carter (R-TX) asked Lynch: If the FBI makes the case that Hillary Clinton mishandled classified information and put America's security at risk, will you prosecute the case? . . .[P]lease look the American people in the eye and tell us what your position is as you are the chief prosecutor of the United States. In response to this questioning, Lynch asserted that: [The matter] is being handled by . . . independent attorneys in the Department of Justice. They follow the evidence, they look at the law and they'll make a recommendation to me when the time is appropriate. . .This will be conducted as every other case. We will review all the facts and all the evidence and come to an independent conclusion as how to best handle it. And I am also aware of no efforts to undermine our review or investigation into this matter at all (Goldman 2016). Despite strong claims of prosecutorial independence, many Republicans complained that a Department of Justice run by Obama appointees could not impartially pass legal judgment on the Hillary Clintonemails matter. A June 27, 2016 meeting between Lynch and former U.S. President Bill Clinton would not help matters. The two privately talked for approximately 20 minutes on a plane sitting on the Phoenix Sky Harbor airport tarmac in a meeting described as unplanned and "primarily social." Despite the meeting's claimed innocuous content, it "caused a cascading political storm" for Hillary Clinton's presidential campaign and "provided fodder for Republicans who have accused the Justice Department of bias in its inquiry into Secretary Clinton's use of a private email server at the State Department" (Chozick 2016). Even Democrats expressed concerns about the meeting Senator Chris Coons (D-DE) remarked that "I do think that this meeting sends the wrong signal . . . I think she should have steered clear, even of a brief, casual social meeting with the former president"--

Prosecuting the President

Prosecuting the President PDF

Author: Andrew Coan

Publisher: Oxford University Press, USA

Published: 2019

Total Pages: 249

ISBN-13: 0190943866

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"[This book provides a] history of special prosecutors in American politics. For more than a century, special prosecutors have struck fear into the hearts of presidents, who have the power to fire them at any time. How could this be, [the author] asks? And how could the nation entrust such a high responsibility to such subordinate officials? [The author] demonstrates that special prosecutors can do much to protect the rule of law under the right circumstances. Many have been thwarted by the formidable challenges of investigating a sitting president and his close associates; a few have abused the powers entrusted to them. But at their best, special prosecutors function as catalysts of democracy, channeling an unfocused popular will to safeguard the rule of law. By raising the visibility of high-level misconduct, they enable the American people to hold the president accountable. Yet, if a president thinks he can fire a special prosecutor without incurring serious political damage, he has the power to do so. Ultimately, [the author] concludes, only the American people can decide whether the President is above the law."--

Free Market Criminal Justice

Free Market Criminal Justice PDF

Author: Darryl K. Brown

Publisher: Oxford University Press

Published: 2016

Total Pages: 321

ISBN-13: 0190457872

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Free Market Criminal Justice explains how faith in democratic politics and free markets has undermined the rule of law in US criminal process. It argues that, to strengthen the rule of law, US criminal justice needs less democracy, fewer market mechanisms, and more law.

Charged

Charged PDF

Author: Emily Bazelon

Publisher: Random House Trade Paperbacks

Published: 2020-05-05

Total Pages: 450

ISBN-13: 039959003X

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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.

Independent Justice

Independent Justice PDF

Author: Katy Jean Harriger

Publisher:

Published: 1992

Total Pages: 288

ISBN-13:

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Congress created the Office of the Special Prosecutor in 1978. Its mandate was to insure the rule of law, to check abuses of power in the executive branch, and to restore public confidence in government after the Watergate scandal. Harriger (politics, Wake Forest U.) focuses on the symbolic, constitutional, and political dimensions of her subject to provide a comprehensive, in-depth review of the Office of the Special Prosecutor and how it has operated in practice. Annotation copyrighted by Book News, Inc., Portland, OR

What's Changing in Prosecution?

What's Changing in Prosecution? PDF

Author: National Research Council

Publisher: National Academies Press

Published: 2001-05-23

Total Pages: 72

ISBN-13: 0309170915

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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.

Doing Justice

Doing Justice PDF

Author: Preet Bharara

Publisher: Vintage

Published: 2019-03-19

Total Pages: 368

ISBN-13: 0525521135

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*A New York Times Bestseller* An important overview of the way our justice system works, and why the rule of law is essential to our survival as a society—from the one-time federal prosecutor for the Southern District of New York, and host of the Doing Justice podcast. Preet Bharara has spent much of his life examining our legal system, pushing to make it better, and prosecuting those looking to subvert it. Bharara believes in our system and knows it must be protected, but to do so, he argues, we must also acknowledge and allow for flaws both in our justice system and in human nature. Bharara uses the many illustrative anecdotes and case histories from his storied, formidable career—the successes as well as the failures—to shed light on the realities of the legal system and the consequences of taking action. Inspiring and inspiringly written, Doing Justice gives us hope that rational and objective fact-based thinking, combined with compassion, can help us achieve truth and justice in our daily lives. Sometimes poignant and sometimes controversial, Bharara's expose is a thought-provoking, entertaining book about the need to find the humanity in our legal system as well as in our society.

Politics and Criminal Prosecution

Politics and Criminal Prosecution PDF

Author: Raymond Moley

Publisher: Ayer Publishing

Published: 1974-01-01

Total Pages: 241

ISBN-13: 9780405058837

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This volume is a critical analysis of the administration of justice in the United States.