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Prosecutors and Democracy

Prosecutors and Democracy
Author: Máximo Langer
Publisher: Cambridge University Press
Total Pages: 361
Release: 2017-10-26
Genre: Law
ISBN: 1316949931

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Focusing on the relationship between prosecutors and democracy, this volume throws light on key questions about prosecutors and the role they should play in liberal self-government. Internationally distinguished scholars discuss how prosecutors can strengthen democracy, how they sometimes undermine it, and why it has proven so challenging to hold prosecutors accountable while insulating them from politics. The contributors explore the different ways legal systems have addressed that challenge in the United States, the United Kingdom, and continental Europe. Contrasting those strategies allows an assessment of their relative strengths - and a richer understanding of the contested connections between law and democratic politics. Chapters are in explicit conversation with each other, facilitating comparison and deepening the analysis. This is an important new resource for legal scholars and reformers, political philosophers, and social scientists.


The Politics of Federal Prosecution

The Politics of Federal Prosecution
Author: Christina L. Boyd
Publisher: Oxford University Press
Total Pages:
Release: 2021-01-01
Genre: Law
ISBN: 0197554695

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Federal prosecutors have immense power and discretion to decide when to bring criminal charges, what plea bargains to offer, and how to implement the federal government's legal priorities in their districts. While U.S. Attorneys take pains to emphasize their independence, we know relatively little about the extent to which politics colors federal prosecutorial staffing and decision making. The Politics of Federal Prosecution draws upon a wealth of data from 1990s to the present to examine the interplay of political factors and federal prosecution. First, the authors find that congressional and presidential politics affect who becomes federal prosecutors and how long those individuals serve. Second, the book demonstrates that signals of presidential and congressional preferences, along with local priorities, affect key prosecutorial decisions: whether to bring prosecutions, how to approach plea bargaining negotiations, and when to utilize criminal asset forfeiture to cripple criminal activities. In short, the book demonstrates that politics affects the behavior of U.S. Attorneys at nearly every stage of their service.


Crime and Justice, Volume 41

Crime and Justice, Volume 41
Author: Michael Tonry
Publisher: University of Chicago Press
Total Pages: 353
Release: 2013-12-16
Genre: Law
ISBN: 022601018X

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Prosecutors are powerful figures in any criminal justice system. They decide what crimes to prosecute, whom to pursue, what charges to file, whether to plea bargain, how aggressively to seek a conviction, and what sentence to demand. In the United States, citizens can challenge decisions by police, judges, and corrections officials, but courts keep their hands off the prosecutor. Curiously, in the United States and elsewhere, very little research is available that examines this powerful public role. And there is almost no work that critically compares how prosecutors function in different legal systems, from state to state or across countries. Prosecutors and Politics begins to fill that void. Police, courts, and prisons are much the same in all developed countries, but prosecutors differ radically. The consequences of these differences are enormous: the United States suffers from low levels of public confidence in the criminal justice system and high levels of incarceration; in much of Western Europe, people report high confidence and support moderate crime control policies; in much of Eastern Europe, people’s perceptions of the law are marked by cynicism and despair. Prosecutors and Politics unpacks these national differences and provides insight into this key area of social control. Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure.


Prosecuting the President

Prosecuting the President
Author: Andrew Coan
Publisher: Oxford University Press, USA
Total Pages: 249
Release: 2019
Genre: BIOGRAPHY & AUTOBIOGRAPHY
ISBN: 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
Author: Darryl K. Brown
Publisher: Oxford University Press
Total Pages: 321
Release: 2016
Genre: Business & Economics
ISBN: 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.


U.S. Attorneys, Political Control, and Career Ambition

U.S. Attorneys, Political Control, and Career Ambition
Author: Banks P. Miller
Publisher: Oxford University Press, USA
Total Pages: 225
Release: 2019-01-10
Genre: Law
ISBN: 0190928247

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United States Attorneys (USAs), the chief federal prosecutors in each judicial district, are key in determining how the federal government uses coercive force against its citizens. How much control do national political actors exert over the prosecutorial decisions of USAs? This book investigates this question using a unique dataset of federal criminal prosecutions between 1986 and 2015 that captures both decisions by USAs to file cases as well as the sentences that result. Utilizing intuitions from principal-agent theory, work on the career ambition of bureaucrats and politicians, and selected case-studies, the authors develop and advance a set of hypotheses about control by the President and Congress. Harnessing variation across time, federal judicial districts, and five legal issue areas - immigration, narcotics, terrorism, weapons, and white-collar crime - Miller and Curry find that USAs are subject to considerable executive influence in their decision making, supporting findings about the increase of presidential power over the last three decades. In addition, they show that the ability of the President to appoint USAs to higher-level positions within the executive branch or to federal judgeships is an important mechanism of that control. This investigation sheds light on how the need to be responsive to popularly-elected principals channels the enormous prosecutorial discretion of USAs.


Prosecutors and Democracy

Prosecutors and Democracy
Author: Máximo Langer
Publisher: Cambridge University Press
Total Pages: 361
Release: 2017-10-26
Genre: Law
ISBN: 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.


Independent Justice

Independent Justice
Author: Katy Jean Harriger
Publisher:
Total Pages: 288
Release: 1992
Genre: History
ISBN:

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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


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.