Jason Ralph
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199214310
- eISBN:
- 9780191706615
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214310.003.0004
- Subject:
- Political Science, International Relations and Politics
This chapter demonstrates how the Rome Statute creates a Court that is legally separate from the society of states. To the extent that it gives victims of core crimes a means of legal redress that ...
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This chapter demonstrates how the Rome Statute creates a Court that is legally separate from the society of states. To the extent that it gives victims of core crimes a means of legal redress that they would not otherwise have, the Statute helps to constitute ‘world’ as opposed to ‘international’ society. This claim is qualified by noting how the Court will in many respects be dependent on state support and by highlighting how the concessions that were made to the values of international society (i.e. sovereign consent and international order between states) complicates the Court's claim to be independent. As background to this analysis, the chapter summarises the various ways in which the English School have sought to define world society. It also describes how the UN Security Council's creation of ad hoc courts extended a ‘solidarist moment’, which was ultimately weakened by the charge of selective justice and the material costs of setting up and running such courts.Less
This chapter demonstrates how the Rome Statute creates a Court that is legally separate from the society of states. To the extent that it gives victims of core crimes a means of legal redress that they would not otherwise have, the Statute helps to constitute ‘world’ as opposed to ‘international’ society. This claim is qualified by noting how the Court will in many respects be dependent on state support and by highlighting how the concessions that were made to the values of international society (i.e. sovereign consent and international order between states) complicates the Court's claim to be independent. As background to this analysis, the chapter summarises the various ways in which the English School have sought to define world society. It also describes how the UN Security Council's creation of ad hoc courts extended a ‘solidarist moment’, which was ultimately weakened by the charge of selective justice and the material costs of setting up and running such courts.
Lisa L. Miller
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195331684
- eISBN:
- 9780199867967
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195331684.003.0003
- Subject:
- Political Science, American Politics
Drawing on three datasets of congressional hearings on crime, this chapter offers a picture of the interest group environment at the national level that is decidedly skewed toward government ...
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Drawing on three datasets of congressional hearings on crime, this chapter offers a picture of the interest group environment at the national level that is decidedly skewed toward government bureaucracies, particularly criminal justice agents, and narrow, highly mobilized single-issue citizen groups, for example gun rights advocates and opponents, the National Organization for Women, and the American Civil Liberties Union. The interest group environment is highly delocalized in character and voice, with very few groups representing low-income minorities or the urban poor. This chapter pays particular attention to drugs, crime prevention, juvenile delinquency, and policing as key crime and justice issues that are of particular importance to those most at risk of victimization and finds that urban minorities are largely absent from these policy debates, replaced by police and prosecutors and narrow single-issue citizen groups.Less
Drawing on three datasets of congressional hearings on crime, this chapter offers a picture of the interest group environment at the national level that is decidedly skewed toward government bureaucracies, particularly criminal justice agents, and narrow, highly mobilized single-issue citizen groups, for example gun rights advocates and opponents, the National Organization for Women, and the American Civil Liberties Union. The interest group environment is highly delocalized in character and voice, with very few groups representing low-income minorities or the urban poor. This chapter pays particular attention to drugs, crime prevention, juvenile delinquency, and policing as key crime and justice issues that are of particular importance to those most at risk of victimization and finds that urban minorities are largely absent from these policy debates, replaced by police and prosecutors and narrow single-issue citizen groups.
Katherine Beckett and Steve Herbert
- Published in print:
- 2009
- Published Online:
- May 2012
- ISBN:
- 9780195395174
- eISBN:
- 9780199943319
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195395174.003.0005
- Subject:
- Sociology, Law, Crime and Deviance
This chapter presents evidence of growth in the use of banishment and in the spatial extent of exclusion zones. It describes different sources of political pressure on the police and prosecutors to ...
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This chapter presents evidence of growth in the use of banishment and in the spatial extent of exclusion zones. It describes different sources of political pressure on the police and prosecutors to respond to the concerns about crime and disorder. It uses interviews and observations to explain why banishment is still considered as an attractive tool for police and correctional officers, as well as prosecutors. It shows how the expanding use of the new tools contribute to the growth and overcrowding of the criminal justice system, even during a period of decreasing crime rates.Less
This chapter presents evidence of growth in the use of banishment and in the spatial extent of exclusion zones. It describes different sources of political pressure on the police and prosecutors to respond to the concerns about crime and disorder. It uses interviews and observations to explain why banishment is still considered as an attractive tool for police and correctional officers, as well as prosecutors. It shows how the expanding use of the new tools contribute to the growth and overcrowding of the criminal justice system, even during a period of decreasing crime rates.
Cass R. Sunstein
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780195305104
- eISBN:
- 9780199850556
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195305104.003.0012
- Subject:
- Political Science, Environmental Politics
This chapter addresses the question of whether animals should be allowed to sue. It argues that, at a minimum, lawsuits should be permitted, on animals' behalf, to ensure compliance with existing ...
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This chapter addresses the question of whether animals should be allowed to sue. It argues that, at a minimum, lawsuits should be permitted, on animals' behalf, to ensure compliance with existing law. The chapter recommends that laws designed to protect animals against cruelty, and that abuse should be amended or interpreted to give a private cause of action against those who violate those laws, so as to allow private people to supplement the efforts of public prosecutors.Less
This chapter addresses the question of whether animals should be allowed to sue. It argues that, at a minimum, lawsuits should be permitted, on animals' behalf, to ensure compliance with existing law. The chapter recommends that laws designed to protect animals against cruelty, and that abuse should be amended or interpreted to give a private cause of action against those who violate those laws, so as to allow private people to supplement the efforts of public prosecutors.
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 ...
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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 vigorously than those involving poor victims? Why do wealthy defendants frequently enjoy more lenient plea bargains than the disadvantaged? This book looks at the power of American prosecutors, revealing how the day-to-day practice of prosecutors can result in the unequal treatment of defendants and victims. Ranging from mandatory minimum sentencing laws that enhance prosecutorial control over the outcome of cases, to the increasing politicization of the office, the chapter uses stories of individuals caught in the system to demonstrate how the legal exercise of prosecutorial discretion can result in inequities in criminal justice. The chapter also covers recent incidents of prosecutorial abuse such as the Jena Six case, the Duke lacrosse case, and the Department of Justice firings.Less
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 vigorously than those involving poor victims? Why do wealthy defendants frequently enjoy more lenient plea bargains than the disadvantaged? This book looks at the power of American prosecutors, revealing how the day-to-day practice of prosecutors can result in the unequal treatment of defendants and victims. Ranging from mandatory minimum sentencing laws that enhance prosecutorial control over the outcome of cases, to the increasing politicization of the office, the chapter uses stories of individuals caught in the system to demonstrate how the legal exercise of prosecutorial discretion can result in inequities in criminal justice. The chapter also covers recent incidents of prosecutorial abuse such as the Jena Six case, the Duke lacrosse case, and the Department of Justice firings.
Hiroshi Oda
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199232185
- eISBN:
- 9780191705335
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232185.003.0005
- Subject:
- Law, Comparative Law
This chapter focuses on the legal profession in Japan. Judges, public prosecutors, and attorneys form a distinct group of professions called the hōsō. All members of the hōsō are required to pass the ...
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This chapter focuses on the legal profession in Japan. Judges, public prosecutors, and attorneys form a distinct group of professions called the hōsō. All members of the hōsō are required to pass the same uniform State examination and are trained in the Legal Research and Training Institute for one year. Judges, public prosecutors, attorneys, para-legals, foreign attorneys, and the uniform state examination and legal training are discussed.Less
This chapter focuses on the legal profession in Japan. Judges, public prosecutors, and attorneys form a distinct group of professions called the hōsō. All members of the hōsō are required to pass the same uniform State examination and are trained in the Legal Research and Training Institute for one year. Judges, public prosecutors, attorneys, para-legals, foreign attorneys, and the uniform state examination and legal training are discussed.
Michelle Madden Dempsey
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562169
- eISBN:
- 9780191705298
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562169.003.0003
- Subject:
- Law, Philosophy of Law, Criminal Law and Criminology
This chapter outlines an account of prosecutors and prosecutorial action, providing a rough basis for understanding what we consider when we consider prosecutors and prosecution, by attempting to ...
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This chapter outlines an account of prosecutors and prosecutorial action, providing a rough basis for understanding what we consider when we consider prosecutors and prosecution, by attempting to identify the rationally salient features of this role and practice. The account provided herein is grounded in the simple observation that whatever else they may be, prosecutors are people. Of course, however, prosecutors also stand in a particular type of legal role, and this role affects the moral reasons that apply to prosecutors qua prosecutors. From these starting points, this chapter attempts to explain and defend the following claims: (1) that prosecutors are people who act in the role of legal prosecutorial official on behalf of the state and (potentially) their communities; and (2) that prosecutorial actions are actions that prosecutors take qua prosecutors, consisting of both prosecutorial pursuit actions and prosecutorial non-pursuit actions.Less
This chapter outlines an account of prosecutors and prosecutorial action, providing a rough basis for understanding what we consider when we consider prosecutors and prosecution, by attempting to identify the rationally salient features of this role and practice. The account provided herein is grounded in the simple observation that whatever else they may be, prosecutors are people. Of course, however, prosecutors also stand in a particular type of legal role, and this role affects the moral reasons that apply to prosecutors qua prosecutors. From these starting points, this chapter attempts to explain and defend the following claims: (1) that prosecutors are people who act in the role of legal prosecutorial official on behalf of the state and (potentially) their communities; and (2) that prosecutorial actions are actions that prosecutors take qua prosecutors, consisting of both prosecutorial pursuit actions and prosecutorial non-pursuit actions.
RICHARD W. PAINTER
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195378719
- eISBN:
- 9780199869619
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195378719.003.0005
- Subject:
- Law, Constitutional and Administrative Law
This chapter focuses on government lawyers. Topics covered include lawyers' fiduciary duty of loyalty to their client, their response to political superiors acting unreasonably, conflicts of ...
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This chapter focuses on government lawyers. Topics covered include lawyers' fiduciary duty of loyalty to their client, their response to political superiors acting unreasonably, conflicts of interest, rendering legal advice to political superiors, the malpractice liability gap, and ethical obligations of prosecutors. The chapter also addresses the question of whether government lawyers are too political.Less
This chapter focuses on government lawyers. Topics covered include lawyers' fiduciary duty of loyalty to their client, their response to political superiors acting unreasonably, conflicts of interest, rendering legal advice to political superiors, the malpractice liability gap, and ethical obligations of prosecutors. The chapter also addresses the question of whether government lawyers are too political.
Shoba Sivaprasad Wadhia and Leon Wildes
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9781479829224
- eISBN:
- 9781479807543
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479829224.003.0004
- Subject:
- Law, Human Rights and Immigration
This chapter explains how immigration prosecutorial discretion relates to the criminal system. It describes the special role of police and prosecutors and the stages at which prosecutorial discretion ...
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This chapter explains how immigration prosecutorial discretion relates to the criminal system. It describes the special role of police and prosecutors and the stages at which prosecutorial discretion can be exercised in the criminal system including the charging, grand jury, plea bargaining, and sentencing stages. This chapter examines how immigration prosecutorial discretion compares to analogous processes in the criminal system and how the immigration agency has relied on criminal guidelines to formulate its own policy on prosecutorial discretion. For example, the INS memorandum from Doris Meissner on prosecutorial discretion relies on the U.S. Attorneys’ Manual’s Principles of Federal Prosecution, a document published by the Department of Justice. While there are similarities between the criminal and immigration systems, there are two sharp differences raised by this chapter. First, the immigration system is a civil system and lacks many of the safeguards available in the criminal system. Furthermore, the influences and incentives that drive immigration prosecutorial discretion are distinct from those that typically affect criminal prosecutorial discretion.Less
This chapter explains how immigration prosecutorial discretion relates to the criminal system. It describes the special role of police and prosecutors and the stages at which prosecutorial discretion can be exercised in the criminal system including the charging, grand jury, plea bargaining, and sentencing stages. This chapter examines how immigration prosecutorial discretion compares to analogous processes in the criminal system and how the immigration agency has relied on criminal guidelines to formulate its own policy on prosecutorial discretion. For example, the INS memorandum from Doris Meissner on prosecutorial discretion relies on the U.S. Attorneys’ Manual’s Principles of Federal Prosecution, a document published by the Department of Justice. While there are similarities between the criminal and immigration systems, there are two sharp differences raised by this chapter. First, the immigration system is a civil system and lacks many of the safeguards available in the criminal system. Furthermore, the influences and incentives that drive immigration prosecutorial discretion are distinct from those that typically affect criminal prosecutorial discretion.
Philip Kitcher
- Published in print:
- 2007
- Published Online:
- October 2011
- ISBN:
- 9780195321029
- eISBN:
- 9780199851317
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195321029.003.0004
- Subject:
- Literature, 20th-century Literature and Modernism
This chapter considers a character that embodies a quite different vision of human life, the frightened dreamer of the upstairs bedroom, Shem the Penman. Shem, it suggests, offers a vision of how a ...
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This chapter considers a character that embodies a quite different vision of human life, the frightened dreamer of the upstairs bedroom, Shem the Penman. Shem, it suggests, offers a vision of how a human life might be lived, one that contrasts with those traced in ALP's monologue and in HCE's attempt at self-vindication. There are many ways of questioning that vision, and it is important for anyone drawn to realizing it to confront those questions—if the prosecutor did not exist, Shem would have to invent him. The prosecutor lives within Shem—as Shem and ALP live within HCE—as all these voices live within the dreamer at the Wake. The problem for the dreamer is to understand and to assess their competing claims.Less
This chapter considers a character that embodies a quite different vision of human life, the frightened dreamer of the upstairs bedroom, Shem the Penman. Shem, it suggests, offers a vision of how a human life might be lived, one that contrasts with those traced in ALP's monologue and in HCE's attempt at self-vindication. There are many ways of questioning that vision, and it is important for anyone drawn to realizing it to confront those questions—if the prosecutor did not exist, Shem would have to invent him. The prosecutor lives within Shem—as Shem and ALP live within HCE—as all these voices live within the dreamer at the Wake. The problem for the dreamer is to understand and to assess their competing claims.
Andrew L-T Choo
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199280834
- eISBN:
- 9780191712876
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199280834.003.0003
- Subject:
- Law, Criminal Law and Criminology
This chapter discusses the applicability of the abuse of process doctrine in the context of delay, lost or destroyed evidence, and adverse publicity. It presents considerations that are relevant to a ...
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This chapter discusses the applicability of the abuse of process doctrine in the context of delay, lost or destroyed evidence, and adverse publicity. It presents considerations that are relevant to a determination of whether proceedings should be stayed as an abuse of process on account of delay. The case of R (Ebrahim) v Feltham Magistrates' Court is cited to provide guidance on the extent to which proceedings might be stayed as an abuse of process on account of the non-availability of evidence. It is also shown that courts have not been willing to accede to submissions that publicity before a trial has made a fair trial impossible, holding that directions from the judge will result in the jury disregarding such publicity.Less
This chapter discusses the applicability of the abuse of process doctrine in the context of delay, lost or destroyed evidence, and adverse publicity. It presents considerations that are relevant to a determination of whether proceedings should be stayed as an abuse of process on account of delay. The case of R (Ebrahim) v Feltham Magistrates' Court is cited to provide guidance on the extent to which proceedings might be stayed as an abuse of process on account of the non-availability of evidence. It is also shown that courts have not been willing to accede to submissions that publicity before a trial has made a fair trial impossible, holding that directions from the judge will result in the jury disregarding such publicity.
Daniel S. Medwed
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814796245
- eISBN:
- 9780814764350
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814796245.001.0001
- Subject:
- Law, Criminal Law and Criminology
American prosecutors are asked to play two roles within the criminal justice system: they are supposed to be ministers of justice whose only goals are to ensure fair trials—and they are also ...
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American prosecutors are asked to play two roles within the criminal justice system: they are supposed to be ministers of justice whose only goals are to ensure fair trials—and they are also advocates of the government whose success rates are measured by how many convictions they get. Because of this second role, sometimes prosecutors suppress evidence in order to establish a defendant's guilt and safeguard that conviction over time. This book shows how prosecutors are told to lock up criminals and protect the rights of defendants. This double role creates an institutional “prosecution complex” that animates how district attorneys' offices treat potentially innocent defendants at all stages of the process—and that can cause prosecutors to aid in the conviction of the innocent. Ultimately, the book shows that while most prosecutors aim to do justice, only some hit that target consistently.Less
American prosecutors are asked to play two roles within the criminal justice system: they are supposed to be ministers of justice whose only goals are to ensure fair trials—and they are also advocates of the government whose success rates are measured by how many convictions they get. Because of this second role, sometimes prosecutors suppress evidence in order to establish a defendant's guilt and safeguard that conviction over time. This book shows how prosecutors are told to lock up criminals and protect the rights of defendants. This double role creates an institutional “prosecution complex” that animates how district attorneys' offices treat potentially innocent defendants at all stages of the process—and that can cause prosecutors to aid in the conviction of the innocent. Ultimately, the book shows that while most prosecutors aim to do justice, only some hit that target consistently.
Elizabeth D. Leonard
- Published in print:
- 2010
- Published Online:
- March 2011
- ISBN:
- 9780823232260
- eISBN:
- 9780823240784
- Item type:
- chapter
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fso/9780823232260.003.0005
- Subject:
- History, American History: 19th Century
This chapter presents a thorough and revealing profile of Kentuckian Joseph Holt, who had served in the Lincoln administration as Judge Advocate General and, during the time these emotional funerals ...
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This chapter presents a thorough and revealing profile of Kentuckian Joseph Holt, who had served in the Lincoln administration as Judge Advocate General and, during the time these emotional funerals were taking place, became the chief prosecutor of the conspirators. It offers useful and original insights into the man whose work in the summer of 1865 made such a major impact on the conspirators' fate—and on legal history. Although Holt was a Democrat politically, his loyalty to the Union and the president proved to be unmatched, earning him the respect of another onetime Democrat, Secretary of War Edwin M. Stanton, who entrusted the swift conviction of the Lincoln assassination conspirators to this complex, hardworking man.Less
This chapter presents a thorough and revealing profile of Kentuckian Joseph Holt, who had served in the Lincoln administration as Judge Advocate General and, during the time these emotional funerals were taking place, became the chief prosecutor of the conspirators. It offers useful and original insights into the man whose work in the summer of 1865 made such a major impact on the conspirators' fate—and on legal history. Although Holt was a Democrat politically, his loyalty to the Union and the president proved to be unmatched, earning him the respect of another onetime Democrat, Secretary of War Edwin M. Stanton, who entrusted the swift conviction of the Lincoln assassination conspirators to this complex, hardworking man.
Salvatore Zappalà
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780199258918
- eISBN:
- 9780191718120
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199258918.003.0002
- Subject:
- Law, Human Rights and Immigration, Private International Law
This chapter begins by discussing the power of the Prosecutor to initiate investigations proprio motu. It discusses the necessity of preserving the integrity of proceedings without turning a blind ...
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This chapter begins by discussing the power of the Prosecutor to initiate investigations proprio motu. It discusses the necessity of preserving the integrity of proceedings without turning a blind eye to their political dimension. It adds that the Prosecutor has a precise duty to operate in the interests of the persons under investigation. It also discusses the rights of suspects in international criminal proceedings.Less
This chapter begins by discussing the power of the Prosecutor to initiate investigations proprio motu. It discusses the necessity of preserving the integrity of proceedings without turning a blind eye to their political dimension. It adds that the Prosecutor has a precise duty to operate in the interests of the persons under investigation. It also discusses the rights of suspects in international criminal proceedings.
Angela J. Davis
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780195384734
- eISBN:
- 9780199852369
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195384734.003.0005
- Subject:
- Law, Criminal Law and Criminology
This chapter describes the link between prosecutors and the death penalty. It starts by presenting how prosecutors control the death penalty. The Death Penalty Information Center's study exposing and ...
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This chapter describes the link between prosecutors and the death penalty. It starts by presenting how prosecutors control the death penalty. The Death Penalty Information Center's study exposing and criticizing the dearth of African American chief prosecutors suggests that if there were more chief prosecutors of color, there might be less racial inequality in the implementation of the death penalty. Ironically, one chief African American district attorney was removed from a case when he did not immediately seek the death penalty. Two cases that illustrate the possibilities when the public is informed about the significant decisions prosecutors make are reported. In general, accountability through transparency might enhance the prosecutor's troubling role in the implementation of the death penalty, but it would not repair it entirely.Less
This chapter describes the link between prosecutors and the death penalty. It starts by presenting how prosecutors control the death penalty. The Death Penalty Information Center's study exposing and criticizing the dearth of African American chief prosecutors suggests that if there were more chief prosecutors of color, there might be less racial inequality in the implementation of the death penalty. Ironically, one chief African American district attorney was removed from a case when he did not immediately seek the death penalty. Two cases that illustrate the possibilities when the public is informed about the significant decisions prosecutors make are reported. In general, accountability through transparency might enhance the prosecutor's troubling role in the implementation of the death penalty, but it would not repair it entirely.
He Jiahong
- Published in print:
- 2016
- Published Online:
- November 2016
- ISBN:
- 9780824856618
- eISBN:
- 9780824868703
- Item type:
- book
- Publisher:
- University of Hawai'i Press
- DOI:
- 10.21313/hawaii/9780824856618.001.0001
- Subject:
- Society and Culture, Asian Studies
Through highlighting and telling the story of some real cases of wrongful conviction, this book introduces the present situation in the Chinese criminal justice system, and makes deep analysis of its ...
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Through highlighting and telling the story of some real cases of wrongful conviction, this book introduces the present situation in the Chinese criminal justice system, and makes deep analysis of its problems and loopholes. Enlivened with a literary style, it is a treatise of critical legal study. Based on the case analysis and the empirical studies, the author summarizes the causes for wrongful convictions and analyzes the ten misleading zones that most affect this outcome. The author also provides update information about the changes and reforms as well as challenges of the criminal justice in China.Less
Through highlighting and telling the story of some real cases of wrongful conviction, this book introduces the present situation in the Chinese criminal justice system, and makes deep analysis of its problems and loopholes. Enlivened with a literary style, it is a treatise of critical legal study. Based on the case analysis and the empirical studies, the author summarizes the causes for wrongful convictions and analyzes the ten misleading zones that most affect this outcome. The author also provides update information about the changes and reforms as well as challenges of the criminal justice in China.
Roger W. Shuy
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199926961
- eISBN:
- 9780199980505
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199926961.003.0032
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
This chapter explores the primary problems that law enforcement officers usually experienced in these case examples while gathering intelligence. It also considers the problems that are experienced ...
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This chapter explores the primary problems that law enforcement officers usually experienced in these case examples while gathering intelligence. It also considers the problems that are experienced by prosecutors as they analyze this intelligence. Some of these problems are related to the failure to electronically record the evidence and to interview the witnesses and suspects properly.Less
This chapter explores the primary problems that law enforcement officers usually experienced in these case examples while gathering intelligence. It also considers the problems that are experienced by prosecutors as they analyze this intelligence. Some of these problems are related to the failure to electronically record the evidence and to interview the witnesses and suspects properly.
Cedric Ryngaert
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199554294
- eISBN:
- 9780191751691
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199554294.003.0012
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This chapter discusses the problem of securing arrest and detention. As international prosecutors know all too well, it is one thing to issue an indictment (and warrant of arrest) but another to get ...
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This chapter discusses the problem of securing arrest and detention. As international prosecutors know all too well, it is one thing to issue an indictment (and warrant of arrest) but another to get custody of an accused because international tribunals typically do not have arrest powers of their own. When it comes to arrest, the prosecutor ought to be a clever political operator rather than a stellar lawyer. The most he can do himself is to inform the international community about the presence of an accused in a particular state and request arrest and surrender from that state. Compliance is essentially tied to states' political willingness and international political pressure.Less
This chapter discusses the problem of securing arrest and detention. As international prosecutors know all too well, it is one thing to issue an indictment (and warrant of arrest) but another to get custody of an accused because international tribunals typically do not have arrest powers of their own. When it comes to arrest, the prosecutor ought to be a clever political operator rather than a stellar lawyer. The most he can do himself is to inform the international community about the presence of an accused in a particular state and request arrest and surrender from that state. Compliance is essentially tied to states' political willingness and international political pressure.
David Re
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199554294
- eISBN:
- 9780191751691
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199554294.003.0014
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This chapter discusses the role and position of international prosecutors in the appeal phase. It notes that today's international prosecutors have considerable discretion in relation to appeals, so ...
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This chapter discusses the role and position of international prosecutors in the appeal phase. It notes that today's international prosecutors have considerable discretion in relation to appeals, so much so that the very essence of their role on appeal lies in exercising this discretion by deciding which cases and points to appeal and how to respond to defence appeals. It describes how modern international prosecutors have exercised their discretion to appeal in cases finalized to 2011, and the outcomes of these appeals.Less
This chapter discusses the role and position of international prosecutors in the appeal phase. It notes that today's international prosecutors have considerable discretion in relation to appeals, so much so that the very essence of their role on appeal lies in exercising this discretion by deciding which cases and points to appeal and how to respond to defence appeals. It describes how modern international prosecutors have exercised their discretion to appeal in cases finalized to 2011, and the outcomes of these appeals.
Kevin Jon Heller
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199554294
- eISBN:
- 9780191751691
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199554294.003.0015
- Subject:
- Law, Public International Law, Criminal Law and Criminology
With the exception of the International Criminal Court, all of the past or present international tribunals have either completed their work or are scheduled to complete their work in the relatively ...
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With the exception of the International Criminal Court, all of the past or present international tribunals have either completed their work or are scheduled to complete their work in the relatively near future. In some cases, such as the Nuremberg Military Tribunals, the Office of the Prosecutor (OTP) was intimately involved in planning the final phase of the Tribunal's existence. In others, such as the Special Panels for Serious Crimes in East Timor, the OTP played little or no role in the decision-making process. In every case, though, the decision to close a tribunal has had a significant impact on the OTP's ability to fulfil its mandate, however defined. This chapter explores that impact. Section 2 describes the various strategies that tribunals have pursued to complete their work. Section 3 provides a comprehensive analysis of the ways in which those strategies have threatened, and continue to threaten, the legitimacy, independence, and effectiveness of the prosecutorial function. Finally, Section 4 discusses the lessons that current and future tribunals can learn from those completion strategies.Less
With the exception of the International Criminal Court, all of the past or present international tribunals have either completed their work or are scheduled to complete their work in the relatively near future. In some cases, such as the Nuremberg Military Tribunals, the Office of the Prosecutor (OTP) was intimately involved in planning the final phase of the Tribunal's existence. In others, such as the Special Panels for Serious Crimes in East Timor, the OTP played little or no role in the decision-making process. In every case, though, the decision to close a tribunal has had a significant impact on the OTP's ability to fulfil its mandate, however defined. This chapter explores that impact. Section 2 describes the various strategies that tribunals have pursued to complete their work. Section 3 provides a comprehensive analysis of the ways in which those strategies have threatened, and continue to threaten, the legitimacy, independence, and effectiveness of the prosecutorial function. Finally, Section 4 discusses the lessons that current and future tribunals can learn from those completion strategies.
