Arbitrary justice : the power of the American prosecutor - download pdf or read online
By Angela J. Davis
What occurs whilst public prosecutors, the main strong officers within the felony justice process, search convictions rather than justice? Why are situations concerning well-to-do sufferers frequently prosecuted extra vigorously than these concerning negative sufferers? Why do filthy rich defendants often take pleasure in extra lenient plea offers than the deprived? during this eye-opening paintings, Angela J. Davis shines a much-needed gentle at the energy of yank prosecutors, revealing how the day by day perform of even the main well-intentioned prosecutors can lead to unequal remedy of defendants and sufferers. starting from crucial minimal sentencing legislation that increase prosecutorial keep watch over over the end result of situations, to the expanding politicization of the workplace, Davis makes use of robust tales of people stuck within the method to illustrate how the peerlessly felony workout of prosecutorial discretion may end up in gross inequities in felony justice. For the paperback variation, Davis presents a brand new Afterword which covers such fresh incidents of prosecutorial abuse because the Jena Six case, the Duke lacrosse case, the dept of Justice firings, and more.
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However, prosecutors sometimes consider unreliable factors in assessing the strength of their cases. For example, the victim’s interest in prosecution and her jury appeal are often considered in determining the strength of the case. Because prosecutors often miscalculate these factors or consider them unfairly, their importance may be either overstated or inappropriately considered. Prosecutors must certainly consider whether a witness is able to communicate with the jury effectively, but if such a problem exists, it is the prosecutor’s job to THE POWER TO CHARGE work with the witness and prepare her to testify.
21 The jury had the most difﬁculty with the last charge. The Georgia statute deﬁned aggravated child molestation as sex with a minor that causes injury. Because the girl was a virgin at the time of the incident, there was some vaginal injury, so the jury found Marcus guilty of this charge as well. The penalty for aggravated child molestation in the state of Georgia was a mandatory minimum sentence of ten years in prison with no possibility of parole. The judge had no discretion to impose a lesser sentence.
Does the arbitrary exercise of discretion during the plea bargaining process produce and perpetuate uneven results in the criminal process? This chapter will attempt to shed light on this issue. HOW THE PROCESS WORKS Plea bargaining is usually a very informal process. It can occur at any point after the charging decision has been made, or even before formal charges are brought. However, prosecutors are not required to offer a plea bargain in every case. As in the case of the charging decision, the LET’S MAKE A DEAL prosecutor decides whether to offer a plea bargain and what that offer should be.
Arbitrary justice : the power of the American prosecutor by Angela J. Davis