Descripciones mejoradas de Syndetics:

Inscribed on the walls of the United States Department of Justice are the lofty words: "The United States wins its point whenever justice is done its citizens in the courts." Yet what happens when prosecutors, the most powerful officials in the criminal justice system, seek convictions instead of justice? Why are cases involving educated, well-to-do victims often prosecuted more vigorously than those involving poor, uneducated victims? Why do wealthy defendants frequently enjoy more lenient plea bargains than the disadvantaged? In this timely work, Angela J. Davis examines the expanding power of prosecutors, from mandatory minimum sentencing laws that enhance prosecutorial control over the outcome of cases to the increasing politicization of the office. Drawing on her dozen years of experience as a public defender, Davis demonstrates how the everyday, legal exercise of prosecutorial discretion is responsible for tremendous inequities in criminal justice. Davis uses powerful stories of individuals caught in the system to illustrate how the day-to-day practices and decisions of well-meaning prosecutors produce unfair and unequal treatment of both defendants and victims, often along race and class lines. These disparities are particularly evident in prosecutors' charging and plea-bargaining decisions and in their muddy relationships with victims. Prosecutors not only hold vast power, Davis argues, but they are also under-regulated and lack accountability. The current standards of practice for prosecutors are unenforceable, while the mechanisms that purport to hold prosecutors accountable are weak and ineffectual. Not only does lack of oversight result in injustices, it may even foster a climate tolerant of unfair practices and in some cases, misconduct. Offering a sensible agenda for comprehensive review and reform, Arbitrary Justice challenges the legal community and concerned citizens to pursue and enact meaningful standards of conduct and effective methods of accountability to help prosecutors serve their communities and the interests of justice.

Reseñas proporcionadas por Syndetics

CHOICE Review

Before becoming a professor at American University Washington College of Law, the author directed the Public Defender Service for the District of Columbia. With these credentials she is well qualified to prepare this up-to-date analysis of the current role of prosecutors. Davis documents the ever-expanding powers of prosecutors, which stem in part from factors such as mandatory minimum sentencing laws that enlarge prosecutors' impact on the outcome of cases, and the mounting politicization of their elected and appointed offices. The text begins with an analysis of the powers and discretion of prosecutors, and then examines the plea-bargaining process, crime victims, and the death penalty. Examining prosecutorial misconduct, Davis documents ways prosecutors have abused their discretion. Finally, she discusses some ethical concerns that prosecutors should confront, and outlines various reforms that would improve the ethics and standards of the office. The text may be compared with Inside the Criminal Courts (2004) by David R. Lynch and Plea Bargaining's Triumph: A History of Plea Bargaining in America by George Fisher (CH, Feb'04, 41-3719). The text is clearly written with excellent footnotes. Summing Up: Recommended. Upper-division undergraduates through practitioners. R. A. Carp University of Houston

Booklist Review

"Davis, an experienced public defender, provides an excellent critique of prosecutorial power in the American criminal justice system. Davis' analysis is quite balanced, respecting both historical precedents and the value of the power of discretion. She argues that the prosecutor's duty is more than one side of an adversarial process; the duty is to justice. Yet, as reflected in this work, Davis shows how ordinary prosecutorial discretion often leads to injustice. Injustice too often comes from practices hidden from the public that, even when revealed, are accepted as articles of faith.  Most abuses are tied to practices of both federal and state prosecutors, reflected in their application of the death penalty, basic charging, victim's issues, and plea bargaining. Davis also examines intentional prosecutorial misconduct and how the courts, including the Supreme Court, have created a context that appears to facilitate abuse and nonaccountability. Davis makes a sound argument that fundamental reforms are necessary to again make prosecutors as accountable as any others granted a public trust with power and responsibility on which we all depend."--"Ford, Vernon" Copyright 2007 Booklist

Notas de autor provistas por Syndetics

Angela J. Davis is a Professor of Law at American University Washington College of Law where she teaches criminal law and criminal procedure. Prior to her career as a law professor, Davis was a public defender at the Public Defender Service for the District of Columbia before becoming the agency's Director.