The Power of the Prosecutor: Gatekeepers of the Criminal Justice System

Gatekeepers of the Criminal Justice System

Author: Joan E. Jacoby,Edward C. Ratledge

Publisher: ABC-CLIO

ISBN: 1440842191

Category: Law

Page: 227

View: 9887

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. • Offers understandable explanations of why outcomes vary so widely in the criminal justice system—for example, why one prosecutor's office uses drug treatment programs for first-time offenders and another seeks jail time • Answers many of the questions raised in Ferguson, MO, and Staten Island, NY, about the role of prosecutors and their discretionary powers • Presents specific well-known cases to enhance readers' understanding of the intended/unintended consequences of our adversarial system of justice • Addresses in detail the complex relationships between various parts of the U.S. criminal justice system

The Power of the Prosecutor

Gatekeepers of the Criminal Justice System

Author: Joan E. Jacoby,Edward C. Ratledge

Publisher: Praeger

ISBN: 9781440842184

Category: Law

Page: 227

View: 1624

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. * Offers understandable explanations of why outcomes vary so widely in the criminal justice system—for example, why one prosecutor's office uses drug treatment programs for first-time offenders and another seeks jail time * Answers many of the questions raised in Ferguson, MO, and Staten Island, NY, about the role of prosecutors and their discretionary powers * Presents specific well-known cases to enhance readers' understanding of the intended/unintended consequences of our adversarial system of justice * Addresses in detail the complex relationships between various parts of the U.S. criminal justice system

The Evolving Role of the Public Prosecutor

Challenges and Innovations

Author: Victoria Colvin,Philip Stenning

Publisher: Routledge

ISBN: 0429884958

Category: Social Science

Page: 282

View: 7141

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.

The American prosecutor

a search for identity

Author: Joan E. Jacoby

Publisher: Free Press

ISBN: N.A

Category: Law

Page: 303

View: 3251

Kafka's Law

"The Trial" and American Criminal Justice

Author: Robert P. Burns

Publisher: University of Chicago Press

ISBN: 022616747X

Category: Law

Page: 186

View: 2500

Franz Kafka s vision of the Law in "The Trial "is so strange, arbitrary, and unjust that it would seem to be the antithesis of our own. Yet, that is what makes Robert Burns latest book so compelling. Robert Burns brilliantly shows that Kakfa s masterpiece provides an uncanny lens through which to see and understand the American criminal justice system today. It provokes a shock of recognition that makes us see it in a very different light. Assuming no prior knowledge of Kafka s book, Burns tells the story, at once funny and grim, of Josef K., caught in the Law s grip and then crushed by it. Laying out the characteristics of Kafka s Law, Burns argues that the American criminal justice system has taken on too many of those same qualities. In the overwhelming majority of cases, our system is composed of police interrogation followed by plea bargaining, where the courts only function is but to set a sentence on an individual already determined to be guilty. Like Kafka s nightmarish vision, too much of our criminal law and procedure has become unknowable, ubiquitous, and bureaucratic. It too has come to rely on deception in dealing with suspects and jurors, to limit the role of defense counsel, and to increasingly dispense justice without the protections of formal procedures. Burns compellingly explains how and why we have become an increasingly punitive society. Finally, he takes up the question of whether we have the resources to change these Kafkaesque aspects of our criminal justice system and shows how the jury trial has that potential, but only if it is returned to a more central place in our system."

The Constable Has Blundered

The Exclusionary Rule, Crime, and Corruption

Author: Walter P. Signorelli

Publisher: N.A

ISBN: 9781611631029

Category: Law

Page: 282

View: 4893

The Constable Has Blundered: The Exclusionary Rule, Crime, and Corruption examines and explains how the exclusionary rule undermines the purposes of the criminal justice system, increases crime rates, dispenses unequal justice, and encourages police corruption. Professor Signorelli uses concrete examples and cases to demonstrate the connections between the rule and its problematic consequences. The book explains how unequal treatment of defendants, denial of justice to crime victims, and perjury by police officers to circumvent the rule taint the criminal justice system, and how a tainted justice system spreads ill effects throughout society.This second edition includes a new chapter regarding the exclusionary rule problem in the war on terrorism as manifested by the acquittals of Ghailani in his trial for bombing the US Embassies as well as another new chapter regarding the exclusionary rule in relation to advances in technology that intrude on individual privacy, particularly GPS tracking. Other additions to the new edition include coverage of recent cases from the Roberts court and two new classroom problems in the appendix.

Handbook on Restorative Justice Programmes

Author: Yvon Dandurand,Curt Taylor Griffiths,United Nations Office on Drugs and Crime

Publisher: United Nations Publications

ISBN: 9789211337549

Category: Law

Page: 105

View: 2659

The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community

The Prosecutor in Transnational Perspective

Author: Erik Luna,Marianne Wade

Publisher: Oxford University Press

ISBN: 0199939608

Category: Law

Page: 480

View: 5185

The American prosecutor plays a powerful role in the judicial system, wielding the authority to accept or decline a case, choose which crimes to allege, and decide the number of counts to charge. These choices, among others, are often made with little supervision or institutional oversight. This prosecutorial discretion has prompted scholars to look to the role of prosecutors in Europe for insight on how to reform the American system of justice. In The Prosecutor in Transnational Perspective, Erik Luna and Marianne Wade, through the works of their contributors coupled with their own analysis, demonstrate that valuable lessons can be learned from a transnational examination of prosecutorial authority. They examine both parallels and distinctions in the processes available to and decisions made by prosecutors in the United States and Europe. Ultimately, they demonstrate how the enhanced role of the prosecutor represents a crossroads for criminal justice with weighty legal and socio-economic consequences.

The Oxford Handbook of Financial Regulation

Author: Niamh Moloney,Eilís Ferran,Jennifer Payne

Publisher: OUP Oxford

ISBN: 0191510866

Category: Law

Page: 900

View: 9538

The financial system and its regulation have undergone exponential growth and dramatic reform over the last thirty years. This period has witnessed major developments in the nature and intensity of financial markets, as well as repeated cycles of regulatory reform and development, often linked to crisis conditions. The recent financial crisis has led to unparalleled interest in financial regulation from policymakers, economists, legal practitioners, and the academic community, and has prompted large-scale regulatory reform. The Oxford Handbook of Financial Regulation is the first comprehensive, authoritative, and state-of-the-art account of the nature of financial regulation. Written by an international team of leading scholars in the field, it takes a contextual and comparative approach to examine scholarly, policy, and regulatory developments in the past three decades. The first three Parts of the Handbook address the underpinning horizontal themes which arise in financial regulation: financial systems and regulation; the organization of financial system regulation, including regional examples from the EU and the US; and the delivery of outcomes and regulatory techniques. The final three Parts address the major reoccurring objectives of financial regulation, widely regarded as the anchors of financial regulation internationally: financial stability; market efficiency, integrity, and transparency; and consumer protection. The Oxford Handbook of Financial Regulation will be an invaluable resource for scholars and students of financial regulation, and for economists, policy-makers and regulators.

Encyclopedia of Criminal Justice Ethics

Author: Bruce A. Arrigo

Publisher: SAGE Publications

ISBN: 1483389790

Category: Social Science

Page: 1216

View: 8310

Federal, state, county, and municipal police forces all have their own codes of conduct, yet the ethics of being a police officer remain perplexing and are often difficult to apply in dynamic situations. The police misconduct statistics are staggering and indicate that excessive use of force comprises almost a quarter of misconduct cases, with sexual harassment, fraud/theft, and false arrest being the next most prevalent factors. The ethical issues and dilemmas in criminal justice also reach deep into the legal professions, the structure and administration of justice in society, and the personal characteristics of those in the criminal justice professions. The Encyclopedia of Criminal Justice Ethics includes A to Z entries by experts in the field that explore the scope of ethical decision making and behaviors within the spheres of criminal justice systems, including policing, corrections, courts, forensic science, and policy analysis and research. This two-volume set is available in both print and electronic formats. Features: Entries are authored and signed by experts in the field and conclude with references and further readings, as well as cross references to related entries that guide readers to the next steps in their research journeys. A Reader's Guide groups related entries by broad topic areas and themes, making it easy for readers to quickly identify related entries. A Chronology highlights the development of the field and places material into historical context; a Glossary defines key terms from the fields of law and ethics; and a Resource Guide provides lists of classic books, academic journals, websites and associations focused on criminal justice ethics. Reports and statistics from such sources as the FBI, the United Nations, and the International Criminal Court are included in an appendix. In the electronic version, the Reader's Guide, index, and cross references combine to provide effective search-and-browse capabilities. The Encyclopedia of Criminal Justice Ethics provides a general, non-technical yet comprehensive resource for students who wish to understand the complexities of criminal justice ethics.

The Emerging Practice of the International Criminal Court

Author: Carsten Stahn,Göran Sluiter

Publisher: BRILL

ISBN: 9004166556

Category: Political Science

Page: 770

View: 4487

The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courta (TM)s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.

Handbook on Artificial Intelligence and Expert Systems in Law Enforcement

Author: Edward C. Ratledge,Joan E. Jacoby

Publisher: Greenwood Publishing Group

ISBN: N.A

Category: Social Science

Page: 194

View: 1661

This first book to explore the application of expert systems in law enforcement activities is both practical and conceptually clear as it explains the potential utility of expert systems and their impact on operations and management. Ratledge and Jacoby have geared their discussions to a wide audience which includes both practitioners and the academic community. This handbook offers systematic explanations of the applications of expert systems to law enforcement activites, discusses the impact of these systems on traditional ways of policing and crime solving, and details a set of practical guidelines for jurisdictions considering the implementation of expert systems.

Discretionary Justice

A Preliminary Inquiry

Author: Kenneth Culp Davis

Publisher: LSU Press

ISBN: 080715654X

Category: History

Page: 256

View: 1912

"The book is a carefully considered, ably articulated, and closely reasoned call for a redirection of attention, thought, and research. This is why it is a pioneering and significant contribution to the literature of law, jurisprudence, public administration, and political science."--Virginia Quarterly Review

Strengthening Forensic Science in the United States

A Path Forward

Author: National Research Council,Division on Engineering and Physical Sciences,Committee on Applied and Theoretical Statistics,Policy and Global Affairs,Committee on Science, Technology, and Law,Committee on Identifying the Needs of the Forensic Sciences Community

Publisher: National Academies Press

ISBN: 0309142393

Category: Law

Page: 348

View: 8141

Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.

Fear of the Invisible

Author: Janine Roberts

Publisher: N.A

ISBN: 9780955917721

Category: Medical

Page: 291

View: 966

This is the story of a ten-year investigative journey into a reckless and contaminated medical industry. The author takes her readers on a journey into the very heart of the hunt for viruses - to the key experiments that were performed to prove that these invisibly small particles cause diseases that often were previously blamed on toxins or bacteria. It sheds light on the extraordinary assumptions underlying much of this research into viruses - and the resulting vaccines and antiviral medicines.

Domestic Violence

Author: N.A

Publisher: Cavendish Publishing

ISBN: 1843141876

Category: Law

Page: 248

View: 3334

First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.

The Role of the Cyprus Attorney General's Office in Prosecutions: Rhetoric, Ideology and Practice

Author: Despina Kyprianou

Publisher: Springer Science & Business Media

ISBN: 9783642019210

Category: Law

Page: 249

View: 8726

Attorney General, Republic of Cyprus It is with great pleasure that I foreword the book of Dr Despina Kyprianou’s for many reasons: The ?rst one is that books on any area of Cyprus Law is particularly welcomed as there are limited studies which focus on this ?eld and reveal the singularities and special features of Cyprus Law. The second one is that this book is about the Attorney General’s Of?ce, an of?ce that I have served for almost thir- ?ve years and have personal knowledge of its crucial role not only regarding prosecutions but also regarding a wide variety of other legal issues. The third and most important reason is that this is an excellent work and a thought-provoking contribution to our understanding of the Role of the Cyprus Attorney General’s Of?ce in Prosecutions. The last reason that I am very happy to commend this study is the fact that, a few years ago, I was the one that granted access to the Law Of?ce for Dr Kyprianou’s research. The publication of this highly informative book is the best con?rmation that I was right in doing so. The Republic of Cyprus was established as an independent sovereign republic with a presidential regime on 16 August 1960, when its Constitution came into force and British sovereignty over Cyprus as a Crown Colony ceased.

The Oxford Handbook of Empirical Legal Research

Author: Peter Cane,Herbert Kritzer

Publisher: OUP Oxford

ISBN: 019163543X

Category: Law

Page: 1112

View: 8987

The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.

Criminal Justice in America

A Critical View

Author: Randall G. Shelden,William Bud Brown

Publisher: Allyn & Bacon

ISBN: N.A

Category: Law

Page: 413

View: 3459

This text helps students understand controversial issues of racial and economic inequities found in the criminal justice system, offering an alternative interpretation of criminal justice that is rarely presented in traditional textbooks. After overviews of the criminal justice system and the proble