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The Early Years: The Deportation Case of John Lennon and Evolution of Immigration Prosecutorial Discretion

Shoba Sivaprasad Wadhia and Leon Wildes

in Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases

Published in print:
2015
Published Online:
May 2016
ISBN:
9781479829224
eISBN:
9781479807543
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479829224.003.0003
Subject:
Law, Human Rights and Immigration

This chapter provides details on a famous case involving prosecutorial discretion-—the deportation case of John Lennon and the efforts undertaken by his attorney, Leon Wildes, to encourage the ... More


Primer: Understanding How Prosecutorial Discretion Functions in the Immigration System

Shoba Sivaprasad Wadhia and Leon Wildes

in Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases

Published in print:
2015
Published Online:
May 2016
ISBN:
9781479829224
eISBN:
9781479807543
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479829224.003.0002
Subject:
Law, Human Rights and Immigration

This chapter provides an introduction to the structure of the immigration process and a short history of the dissolution of the Immigration and Naturalization (INS) and the creation of the Department ... More


Introduction

Shoba Sivaprasad Wadhia and Leon Wildes

in Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases

Published in print:
2015
Published Online:
May 2016
ISBN:
9781479829224
eISBN:
9781479807543
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479829224.003.0001
Subject:
Law, Human Rights and Immigration

The introduction sets forth the concept of prosecutorial discretion in immigration law. It also explains how the book is organized and the author’s reasons for writing it. “Prosecutorial discretion” ... More


Complementarity and the Obligation to Investigate and Prosecute

Jann K. Kleffner

in Complementarity in the Rome Statute and National Criminal Jurisdictions

Published in print:
2008
Published Online:
May 2009
ISBN:
9780199238453
eISBN:
9780191716744
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199238453.003.0006
Subject:
Law, Public International Law

This chapter addresses the question whether and to what extent the Statute obliges States to exercise their jurisdiction over ICC crimes. It concludes that the Statute imposes on States Parties, ... More


An Apolitical or a Political Institution? The Exercise of Prosecutorial Discretion

Rachel Kerr

in The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law Politics and Diplomacy

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0008
Subject:
Political Science, International Relations and Politics

This chapter discusses the prosecutorial discretion exercised by three incumbents in the post of Chief Prosecutor in the International Criminal Tribunal for the Former Yugoslavia: Justice Richard ... More


Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases

Shoba Wadhia

Published in print:
2015
Published Online:
May 2016
ISBN:
9781479829224
eISBN:
9781479807543
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479829224.001.0001
Subject:
Law, Human Rights and Immigration

When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer, Leon Wildes, made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status ... More


Prosecutorial Discretion: A Mechanism for Balancing Competing Goals

Marjorie S. Zatz and Nancy Rodriguez

in Dreams and Nightmares: Immigration Policy, Youth, and Families

Published in print:
2015
Published Online:
January 2016
ISBN:
9780520283053
eISBN:
9780520958890
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520283053.003.0002
Subject:
Sociology, Race and Ethnicity

This chapter untangles the tensions leading to, and at times undermining, the use of prosecutorial discretion in immigration enforcement. In response to the mounting immigration crisis and in the ... More


Wrong Turns on the Way to an Answer

Michelle Madden Dempsey

in Prosecuting Domestic Violence: A Philosophical Analysis

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562169
eISBN:
9780191705298
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562169.003.0002
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter examines and rejects two ways of answering the question: What should public prosecutors do when victims withdraw their support for the prosecution of domestic-violence cases? The first ... More


Prosecuting Domestic Violence: A Philosophical Analysis

Michelle Madden Dempsey

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562169
eISBN:
9780191705298
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562169.001.1
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

What should public prosecutors do when victims withdraw support for domestic violence prosecutions? This book defends the claim that (within the realm of justified/permissible action) prosecutors ... More


1 Primer: Understanding How Prosecutorial Discretion Functions in the Immigration System

Shoba Sivaprasad Wadhia and Leon Wildes

in Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases

Published in print:
2015
Published Online:
May 2016
ISBN:
9781479829224
eISBN:
9781479807543
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479829224.003.0002
Subject:
Law, Human Rights and Immigration

This chapter provides an introduction to the structure of the immigration process and a short history of the dissolution of the Immigration and Naturalization (INS) and the creation of the Department ... More


2 The Early Years: The Deportation Case of John Lennon and Evolution of Immigration Prosecutorial Discretion

Shoba Sivaprasad Wadhia and Leon Wildes

in Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases

Published in print:
2015
Published Online:
May 2016
ISBN:
9781479829224
eISBN:
9781479807543
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479829224.003.0003
Subject:
Law, Human Rights and Immigration

This chapter provides details on a famous case involving prosecutorial discretion-—the deportation case of John Lennon and the efforts undertaken by his attorney, Leon Wildes, to encourage the ... More


Introduction

Shoba Sivaprasad Wadhia and Leon Wildes

in Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases

Published in print:
2015
Published Online:
May 2016
ISBN:
9781479829224
eISBN:
9781479807543
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479829224.003.0001
Subject:
Law, Human Rights and Immigration

The introduction sets forth the concept of prosecutorial discretion in immigration law. It also explains how the book is organized and the author’s reasons for writing it. “Prosecutorial discretion” ... More


Prosecutorial Discretion: Power and Privilege

Angela J. Davis

in Arbitrary Justice: The Power of the American Prosecutor

Published in print:
2009
Published Online:
March 2012
ISBN:
9780195384734
eISBN:
9780199852369
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195384734.003.0001
Subject:
Law, Criminal Law and Criminology

This chapter presents three cases that demonstrate the wide-ranging power and discretion of the American prosecutor. In each case, the prosecutor's actions deeply influenced the lives of the accused. ... More


The Plea-Bargaining Problem

Samuel Walker

in Taming the System: The Control of Discretion in Criminal Justice, 1950–1990

Published in print:
1993
Published Online:
October 2011
ISBN:
9780195078206
eISBN:
9780199854202
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195078206.003.0004
Subject:
History, American History: 20th Century

Plea bargaining is often confronted with several criticisms and these are presented at the beginning of this chapter. However, the chapter emphasizes that plea bargaining should not be considered as ... More


Prosecutorial Misconduct: The Abuse of Power and Discretion

Angela J. Davis

in Arbitrary Justice: The Power of the American Prosecutor

Published in print:
2009
Published Online:
March 2012
ISBN:
9780195384734
eISBN:
9780199852369
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195384734.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter focuses on prosecutorial misconduct. In particular, it attempts to illustrate that the line between legal prosecutorial behavior and illegal prosecutorial misconduct is a thin one. It ... More


Legal Boundaries Between the Juvenile and Criminal Justice Systems in the United States

Patrick Griffin

in From Juvenile Delinquency to Adult Crime: Criminal Careers, Justice Policy and Prevention

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199828166
eISBN:
9780199951208
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199828166.003.0007
Subject:
Sociology, Law, Crime and Deviance

This chapter describes the complex patchwork of jurisdictional age, transfer, and blended sentencing laws that determine where, in any given state, the juvenile justice system leaves off and the ... More


The Prosecutor in Transnational Perspective

Erik Luna and Marianne Wade (eds)

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199844807
eISBN:
9780190260033
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199844807.001.0001
Subject:
Law, Comparative Law

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. ... More


Arbitrary Justice: The Power of the American Prosecutor

Angela J. Davis

Published in print:
2009
Published Online:
March 2012
ISBN:
9780195384734
eISBN:
9780199852369
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195384734.001.0001
Subject:
Law, Criminal Law and Criminology

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 ... More


Prospects for Reform

Angela J. Davis

in Arbitrary Justice: The Power of the American Prosecutor

Published in print:
2009
Published Online:
March 2012
ISBN:
9780195384734
eISBN:
9780199852369
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195384734.003.0010
Subject:
Law, Criminal Law and Criminology

This chapter describes the prospects for reform of the prosecution function. In particular, it discusses the specific proposals designed to control prosecutorial power and bring meaningful ... More


The Power to Charge

Angela J. Davis

in Arbitrary Justice: The Power of the American Prosecutor

Published in print:
2009
Published Online:
March 2012
ISBN:
9780195384734
eISBN:
9780199852369
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195384734.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter describes prosecutorial discretion in the issue and practice of charging that can apply to both state and federal prosecutors. Although the prosecutor in Daniel Ware's case handled ... More


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