Arbitrary Justice: The Power of the American Prosecutor

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Abstract

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.

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APA

Davis, A. J. (2012). Arbitrary Justice: The Power of the American Prosecutor. Arbitrary Justice: The Power of the American Prosecutor (pp. 1–280). Oxford University Press. https://doi.org/10.1093/acprof:oso/9780195384734.001.0001

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