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What's Changing in Prosecution?

What's Changing in Prosecution?
Author: National Research Council
Publisher: National Academies Press
Total Pages: 72
Release: 2001-05-23
Genre: Law
ISBN: 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.


The Evolving Role of the Public Prosecutor

The Evolving Role of the Public Prosecutor
Author: Victoria Colvin
Publisher: Routledge
Total Pages: 430
Release: 2018-09-24
Genre: Social Science
ISBN: 042988494X

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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.


United States Attorneys' Manual

United States Attorneys' Manual
Author: United States. Department of Justice
Publisher:
Total Pages:
Release: 1988
Genre: Justice, Administration of
ISBN:

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Change from Within

Change from Within
Author: Miriam Aroni Krinsky
Publisher: The New Press
Total Pages: 291
Release: 2022-10-11
Genre: Law
ISBN: 1620977745

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A new breed of reform-minded prosecutors tells their stories about the challenges and successes of making change from inside the system Growing up in Chicago’s Cabrini-Green housing projects, Kim Foxx never anticipated that she would become the chief prosecutor in the country’s second-biggest county. When Chesa Boudin was a baby, his parents were arrested and incarcerated. Visiting them in prison for decades helped shape his convictions about what justice does—and doesn’t—look like in the United States. Now, along with eleven other reform-minded prosecutors voters put in office throughout the country, they reflect on the task they set for themselves: making change from within. Using the power of their office, which has traditionally fueled mass incarceration and harsh punishments, this new breed of elected prosecutors has joined the movement to shake up the justice system. In Change from Within, these visionaries describe their journeys to office, what they are doing to change “business as usual,” the pushback they’ve experienced, and their thoughts on reforms that are possible working from the inside. Published in partnership with Fair and Just Prosecution (FJP), drawing from interviews conducted by FJP executive director Miriam Krinsky, a former federal prosecutor, this unprecedented book includes intensely personal first-person profiles of thirteen transformative DAs. Each story is accompanied by an image inspired by the prosecutor and created by a formerly incarcerated artist.


Charged

Charged
Author: Emily Bazelon
Publisher: Random House Trade Paperbacks
Total Pages: 450
Release: 2020-05-05
Genre: Social Science
ISBN: 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.


Arbitrary Justice

Arbitrary Justice
Author: Angela J. Davis
Publisher: Oxford University Press
Total Pages: 264
Release: 2007-04-12
Genre: Law
ISBN: 0199884277

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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.


The Chickenshit Club

The Chickenshit Club
Author: Jesse Eisinger
Publisher: Simon and Schuster
Total Pages: 400
Release: 2017-07-11
Genre: Political Science
ISBN: 1501121383

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Winner of the 2018 Excellence in Financial Journalism Award From Pulitzer Prize–winning journalist Jesse Eisinger, “a fast moving, fly-on-the-wall, disheartening look at the deterioration of the Justice Department and the Securities and Exchange Commission…It is a book of superheroes” (San Francisco Review of Books). Why were no bankers put in prison after the financial crisis of 2008? Why do CEOs seem to commit wrongdoing with impunity? The problem goes beyond banks deemed “Too Big to Fail” to almost every large corporation in America—to pharmaceutical companies and auto manufacturers and beyond. The Chickenshit Club—an inside reference to prosecutors too scared of failure and too daunted by legal impediments to do their jobs—explains why in “an absorbing financial history, a monumental work of journalism…a first-rate study of the federal bureaucracy” (Bloomberg Businessweek). Jesse Eisinger begins the story in the 1970s, when the government pioneered the notion that top corporate executives, not just seedy crooks, could commit heinous crimes and go to prison. He brings us to trading desks on Wall Street, to corporate boardrooms and the offices of prosecutors and FBI agents. These revealing looks provide context for the evolution of the Justice Department’s approach to pursuing corporate criminals through the early 2000s and into the Justice Department of today, including the prosecutorial fiascos, corporate lobbying, trial losses, and culture shifts that have stripped the government of the will and ability to prosecute top corporate executives. “Brave and elegant…a fearless reporter…Eisinger’s important and profound book takes no prisoners” (The Washington Post). Exposing one of the most important scandals of our time, The Chickenshit Club provides a clear, detailed explanation as to how our Justice Department has come to avoid, bungle, and mismanage the fight to bring these alleged criminals to justice. “This book is a wakeup call…a chilling read, and a needed one” (NPR.org).


Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


For the Prosecution

For the Prosecution
Author: C.J. Williams
Publisher: Rowman & Littlefield
Total Pages: 385
Release: 2020-03-16
Genre: Law
ISBN: 1538138484

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The vast majority of prosecution work occurs outside of courtrooms and less than 10% of all criminal cases go to trial. Courtroom performance, then, is of little import if prosecutors have not carefully investigated and prepared cases for prosecution. Courtroom performance is at its best, on the other hand, when prosecutors have thoroughly supervised the investigation and prepared the case for trial. In the end, the raw material prosecutors have to work with in courtrooms—the evidence—is a product of all of the work prosecutors perform outside the courtroom. For the Prosecution: How to Prosecute Criminal Cases seeks to provide prosecutors and those who wish to become prosecutors, including law students, guidance on how to prosecute criminal cases from investigation to appeal. This book provides guidance on how to successfully investigate and prosecute criminal cases. Thus, this book focuses on strategies and tactics involved in prosecution, and the soft skills for managing cases and people. This book examines how to think about criminal cases, guide investigations, and break down and organize complex cases in a persuasive manner. The book also examines ways to organize and prioritize caseloads, strategies for taking down criminal organizations, and tactics for turning criminals into cooperators. The book describes how to handle motions practice, prepare a case for trial, and successfully litigate sentencing hearings and appeals. This is not just another trial advocacy book. It is all of the work prosecutors perform outside the courtroom that makes it possible for them to resolve more than 90% of their cases through guilty pleas, and to prevail on the relatively few cases that go to trial. This book focuses on all the laws, duties, strategies and tactics prosecutors execute investigating and prosecuting criminal cases for those who wish to become prosecutors or further their career. Throughout C.J. Williams explores the strategies and tactics involved in prosecuting criminal cases, as well as examines the skills a successful prosecutor needs to develop in order to work with all those involved in the criminal justice system. He even brings his own experiences and lessons learned about prosecuting criminal cases into For the Prosecution, giving the reader more than the typical trial advocacy book.