From the heart of a bold and brilliant thought-leader comes this compelling memoir and call-to-action, which fills a gaping hole in criminal justice reform literature in a way that only Bianca M. Forde can. Uniquely qualified, following a racially motivated arrest that paradoxically labeled her as both prosecuted and prosecutor, Forde provides an authentic analysis of how prosecutors can truly fulfill their mandate as servants of the law. She tackles the taboo topics that prosecutors are best positioned, but often lack courage, to discuss-from inequities in charging decisions and blind spots affecting Brady disclosures; to dispassionate requests for detention, and detached sentencing recommendations. She candidly shares her evolution as a prosecutor in hopes of accelerating the maturity of rookie prosecutors, inspiring a new way of thinking among veteran prosecutors, and educating community members on why their local vote matters. If mass incarceration is the disease, Forde is firmly convinced that justice-minded, transformational prosecution is, in large part, the cure. This book elevates the conversation on prosecutorial power to a new height, and provides practical guidance that promises to disrupt the status quo.
Описание: The perfect book for the present moment. Prosecuting the President is magnificent. -- David Marcus, Professor of Law, UCLAIn this exceptionally timely book, law professor Andrew Coan explains what every American needs to know about special prosecutors -- perhaps the most important and misunderstood public officials of our time. The first special prosecutor was appointed by President Ulysses S. Grant in 1875, to investigate a bribery scandal involving his close friends and associates. Ever since, presidents of both parties have appointed special prosecutors and empowered them to operate with unusual independence. Also called special counsels and independent counsels, such appointments became a standard method for neutralizing political scandals and demonstrating the President's commitment to the rule of law. Special counsel Robert Mueller is the latest example. In Prosecuting the President, Andrew Coan offers a highly engaging look at the long, mostly forgotten history of special prosecutors in American politics. For more than a century, special prosecutors have struck fear into the hearts of Presidents, who have the power to fire them at any time. How could this be, Coan asks? And how could the nation entrust such a high responsibility to such subordinate officials? With vivid storytelling and historical examples, Coan demonstrates that special prosecutors can do much to protect the rule of law under the right circumstances. Many have been thwarted by the formidable challenges of investigating a sitting President and his close associates; a few have abused the powers entrusted to them. But at their best, special prosecutors function as catalysts of democracy, channeling an unfocused popular will to safeguard the rule of law. By raising the visibility of high-level misconduct, they enable the American people to hold the President accountable. Yet, if a President thinks he can fire a special prosecutor without incurring serious political damage, he has the power to do so. Ultimately, Coan concludes, only the American people can decide whether the President is above the law.
Описание: Awarded Digital Book World's Best Book Published by a University Press
In this unprecedented view from the trenches, prosecutor turned champion for the innocent Mark Godsey takes us inside the frailties of the human mind as they unfold in real-world wrongful convictions. Drawing upon stories from his own career, Godsey shares how innate psychological flaws in judges, police, lawyers, and juries coupled with a "tough on crime" environment can cause investigations to go awry, leading to the convictions of innocent people.
In Blind Injustice, Godsey explores distinct psychological human weaknesses inherent in the criminal justice system--confirmation bias, memory malleability, cognitive dissonance, bureaucratic denial, dehumanization, and others--and illustrates each with stories from his time as a hard-nosed prosecutor and then as an attorney for the Ohio Innocence Project.
He also lays bare the criminal justice system's internal political pressures. How does the fact that judges, sheriffs, and prosecutors are elected officials influence how they view cases? How can defense attorneys support clients when many are overworked and underpaid? And how do juries overcome bias leading them to believe that police and expert witnesses know more than they do about what evidence means?
This book sheds a harsh light on the unintentional yet routine injustices committed by those charged with upholding justice. Yet in the end, Godsey recommends structural, procedural, and attitudinal changes aimed at restoring justice to the criminal justice system.
Автор: Moreno, Yvonne (barrister And Prosecutor For The Crown Prosecution Service) Hughes, Paul (detective Sergeant, Metropolitan Police Service And Advanced Название: Effective prosecution ISBN: 0199237743 ISBN-13(EAN): 9780199237746 Издательство: Oxford Academ Рейтинг: Цена: 7760.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book is the first publication of its kind to draw together all the CPS case preparation requirements for the police in one practical guide. It offers police officers a complete guide to preparing a case successfully for court, outlining the procedures to follow to secure convictions more easily.
Автор: Williams C. J. Название: For the Prosecution: How to Prosecute Criminal Cases ISBN: 1538138476 ISBN-13(EAN): 9781538138472 Издательство: Rowman & Littlefield Publishers Рейтинг: Цена: 11616.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The vast majority of prosecution work occurs outside of courtrooms and less than 10% of all criminal cases go to trial. Courtroom performance, then, is of little import if prosecutors have not carefully investigated and prepared cases for prosecution. Courtroom performance is at its best, on the other hand, when prosecutors have thoroughly supervised the investigation and prepared the case for trial. In the end, the raw material prosecutors have to work with in courtrooms-the evidence-is a product of all of the work prosecutors perform outside the courtroom. For the Prosecution: How to Prosecute Criminal Cases seeks to provide prosecutors and those who wish to become prosecutors, including law students, guidance on how to prosecute criminal cases from investigation to appeal. This book provides guidance on how to successfully investigate and prosecute criminal cases. Thus, this book focuses on strategies and tactics involved in prosecution, and the soft skills for managing cases and people. This book examines how to think about criminal cases, guide investigations, and break down and organize complex cases in a persuasive manner. The book also examines ways to organize and prioritize caseloads, strategies for taking down criminal organizations, and tactics for turning criminals into cooperators. The book describes how to handle motions practice, prepare a case for trial, and successfully litigate sentencing hearings and appeals. This is not just another trial advocacy book. It is all of the work prosecutors perform outside the courtroom that makes it possible for them to resolve more than 90% of their cases through guilty pleas, and to prevail on the relatively few cases that go to trial. This book focuses on all the laws, duties, strategies and tactics prosecutors execute investigating and prosecuting criminal cases for those who wish to become prosecutors or further their career. Throughout C.J. Williams explores the strategies and tactics involved in prosecuting criminal cases, as well as examines the skills a successful prosecutor needs to develop in order to work with all those involved in the criminal justice system. He even brings his own experiences and lessons learned about prosecuting criminal cases into For the Prosecution, giving the reader more than the typical trial advocacy book.
Описание: In this exceptionally timely book, law professor Andrew Coan explains what every American needs to know about special prosecutors - perhaps the most important and misunderstood public officials of our time. The first special prosecutor was appointed by President Ulysses S. Grant in 1875, to investigate a bribery scandal involving his close friends and associates. Ever since, presidents of both parties have appointed special prosecutors and empowered them to operate with unusual independence. Also called special counsels and independent counsels, such appointments became a standard method for neutralizing political scandals and demonstrating the President's commitment to the rule of law. Special counsel Robert Mueller is the latest example. In Prosecuting the President, Andrew Coan offers a highly engaging look at the long, mostly forgotten history of special prosecutors in American politics. For more than a century, special prosecutors have struck fear into the hearts of Presidents, who have the power to fire them at any time. How could this be, Coan asks? And how could the nation entrust such a high responsibility to such subordinate officials? With vivid storytelling and historical examples, Coan demonstrates that special prosecutors can do much to protect the rule of law under the right circumstances. Many have been thwarted by the formidable challenges of investigating a sitting President and his close associates; a few have abused the powers entrusted to them. But at their best, special prosecutors function as catalysts of democracy, channeling an unfocused popular will to safeguard the rule of law. By raising the visibility of high-level misconduct, they enable the American people to hold the President accountable. Yet, if a President thinks he can fire a special prosecutor without incurring serious political damage, he has the power to do so. Ultimately, Coan concludes, only the American people can decide whether the President is above the law.
Описание: In this unprecedented view from the trenches, prosecutor turned champion for the innocent Mark Godsey takes us inside the frailties of the human mind as they unfold in real-world wrongful convictions. Drawing upon shocking--yet true--stories from his own career, Godsey shares how innate psychological flaws and the "tough on crime" political environment specifically experienced by judges, police, prosecutors, defense attorneys, and juries can cause investigations to go awry, leading to the conviction of innocent people. Each chapter explores a distinct psychological human weakness inherent in the criminal justice system--confirmation bias, memory malleability, credibility-determining errors, tunnel vision, cognitive dissonance, bureaucratic denial, "group think" mindsets, and dehumanization, and then illustrates each human weakness with true stories from Godsey's time as a prosecutor and innocence lawyer. Part confessional, Godsey takes us back to his days as a hard-nosed prosecutor and brings to life the law enforcement mindset that leads to wrongful convictions in a way that has never been done before. It also analyzes the criminal justice system's internal political pressures. How does the fact that judges, sheriffs, and prosecutors are elected officials impact how they view cases, especially since re-elections are based on showing tough stance on crime? How can defense attorneys provide appropriate support for their clients when many are over-worked and underpaid? And how do juries overcome their own bias that those in power or influence--police, prosecutors, and expert witnesses--know more about what the evidence tells them? Godsey sheds a harsh light on the unintentional yet routine injustices committed by those charged with upholding justice. Yet in the end, he recommends structural, procedural, and attitudinal changes that can hopefully restore justice to the criminal justice system.
Описание: In the world of law enforcement art and antiquity crime has in the past usually assumed a place of low interest and priority. That situation has now slowly begun to change on both the local and international level as criminals, encouraged in part by the record sums now being paid for art treasures, are now seeking to exploit the art market more systematically by means of theft, fraud and looting. In this collection academics and practitioners from Australasia, Europe and North America combine to examine the challenges presented to the criminal justice system by these developments. Best practice methods of detecting, investigating, prosecuting and preventing such crimes are explored. This book will be of interest and use to academics and practitioners alike in the areas of law, crime and justice.
Описание: How do you prosecute a serial killer whose last victim was never found? Can a fleeing felon be charged with murdering a police officer he never met and was killed two miles away? Why was District Attorney Benjamin David called to the White House to address ending mass incarceration in America while lowering the crime rate at the same time?Crime and Community in the Cape Fear: A Prosecutor's Guide to a Healthier Hometown answers these questions and guides readers through two decades of famous and influential legal cases. This is a first-person account of the elected district attorney and presents key decisions that have shaped legal precedent. The book also demonstrates how citizens in any part of the country can apply legal principles to build community and foster healthier, happier, and safer hometowns.Conversational, highly accessible, and an enjoyable read, Crime and Community in the Cape Fear is an exceptional resource for courses and programs in criminal justice, as well as any course that focuses on community solutions to prevent crime.
Название: The Evolving Role of the Public Prosecutor ISBN: 0367509377 ISBN-13(EAN): 9780367509378 Издательство: Taylor&Francis Рейтинг: Цена: 6430.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book looks at the evolving role of prosecutors in common law and civil law systems in the 21st Century. The volume is structured around four main themes: the nature of the prosecutor`s office, the role of the prosecutor in investigations, prosecutorial discretion and how it is exercised, and politicization and accountability of prosecutors.
Описание: The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the 'Arab Spring'. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice.
Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the 'Arab Spring'.
'Beginning with the striking image of former Egyptian President Hosni Mubarak in the docks in 2011, Aboueldahab analyzes the role of transitional justice processes in relation to the political developments of the Arab Spring. She makes a compelling case for a fundamental rethinking of those approaches to fighting impunity that have become mainstreamed in the international human rights community; this book also challenges assumptions and theories regarding the notion of 'liberalizing' political transitions. Drawing from four country contexts (Egypt, Tunisia, Libya and Yemen) this book demonstrates that human rights goals were undermined because the international community and key national actors ignored the socio-legal histories that shaped the paths and horizons of political change. This book is an important contribution to the study of international criminal law, transitional justice, and the broader field of political transition.' Vasuki Nesiah, Associate Professor of Practice, New York University
'This very timely and perceptive study provides rigorous empirical evaluation of the post-transition prosecution strategies in the Arab region. It demonstrates both the complexity of and contrasts between the cases, but also highlights their divergence from the transitional justice field as it is generally understood. By exploring the broader political shifts and the local political dynamics of prosecutions, Noha Aboueldahab challenges common misconceptions about whose interests prosecutions serve in these contexts. In doing so, she questions the assumptions of transitional justice more broadly.'
Описание: This scholarly legal work focuses on the dilemma of prosecuting gender-based crimes under the statutes of the international criminal tribunals with reference to the principle of fair labelling. In this book Hilmi M. Zawati explains how the abstractness and lack of accurate description of gender-based crimes in the statutory laws of the international criminal tribunals and courts infringe the principle of fair labelling, lead to inconsistent verdicts and punishments, and cause inadequate prosecution of these crimes. This inquiry deals with gender-based crimes as a case study, and with fair labelling as a legal principle and a theoretical framework. Critical and timely, this study contributes to existing scholarship in many different ways. It is the first legal analysis to focus on the dilemma of prosecuting and punishing wartime gender-based crimes in the statutory laws of the international criminal tribunals and the ICC in the context of fair labelling. Moreover, it emphasizes that applying fair labelling to wartime gender-based crimes would enable the tribunals and the ICC to deliver fair judgments, eliminate inconsistent prosecution, overcome shortcomings in addressing gender-based crimes within their jurisprudence, while breaking the cycle of impunity for these crimes. Consisting of two parts, this work begins by outlining the central focus and theoretical legal framework of the study. It concentrates on fair labelling as an imperative legal principle and a legal framework, examines its intellectual development, scope and justification, and illustrates its applicability to gender-based crimes. The second part addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals.
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