Download or read book Private Prosecution in America written by John D. Bessler and published by Carolina Academic Press LLC. This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Private Prosecution in America is the first comprehensive examination of a practice that dates back to the colonial era. Tracking its origins to medieval times and the English common law, the book shows how "private prosecutors" were once a mainstay of early American criminal procedure. Private prosecutors-acting on their own behalf, as next of kin, or though retained counsel-initiated prosecutions, presented evidence in court, and sought the punishment of offenders. Until the rise and professionalization of public prosecutors' offices, private prosecutors played a major role in the criminal justice system, including in capital cases. After conducting a 50-state survey and recounting how some locales still allow private prosecutions by interested parties, the book argues that such prosecutions violate defendants' constitutional rights and should be outlawed"--

Download or read book Private Prosecutions written by Richard J. Stafford and published by Hyperion Books. This book was released on 1989-01-01 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many officials rarely appear in court and this book helps unravel the mysteries of the criminal law, ensuring that a prosecution does not founder in the courtroom. It gives a comprehensive understanding of the rules and processes of the criminal law and looks at the recurring problems faced by prosecutors and the special defences to a private prosecution. Lawyers and members of the public unfamiliar with the unique characteristics of a private prosecution will find the book of inestimable value. Richard J. Stafford has extensive experience of criminal law, particularly in dealing with private prosecutions, as regional solicitor for Wessex Regional Health Authority and as a part-time member of Social Security Appeal Tribunals.

Download or read book Reverse Your Verdict written by Vincent Brome and published by Hamish Hamilton. This book was released on 1971 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reverse Your Verdict - Collection of Private Prosecutions

Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Litigation State written by Sean Farhang and published by Princeton University Press. This book was released on 2010-08-02 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the 1.65 million lawsuits enforcing federal laws over the past decade, 3 percent were prosecuted by the federal government, while 97 percent were litigated by private parties. When and why did private plaintiff-driven litigation become a dominant model for enforcing federal regulation? The Litigation State shows how government legislation created the nation's reliance upon private litigation, and investigates why Congress would choose to mobilize, through statutory design, private lawsuits to implement federal statutes. Sean Farhang argues that Congress deliberately cultivates such private lawsuits partly as a means of enforcing its will over the resistance of opposing presidents. Farhang reveals that private lawsuits, functioning as an enforcement resource, are a profoundly important component of American state capacity. He demonstrates how the distinctive institutional structure of the American state--particularly conflict between Congress and the president over control of the bureaucracy--encourages Congress to incentivize private lawsuits. Congress thereby achieves regulatory aims through a decentralized army of private lawyers, rather than by well-staffed bureaucracies under the president's influence. The historical development of ideological polarization between Congress and the president since the late 1960s has been a powerful cause of the explosion of private lawsuits enforcing federal law over the same period. Using data from many policy areas spanning the twentieth century, and historical analysis focused on civil rights, The Litigation State investigates how American political institutions shape the strategic design of legislation to mobilize private lawsuits for policy implementation.

Download or read book Private Prosecutions written by Peter T. Burns and published by . This book was released on 1973 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Prosecutorial Accountability and Victims Rights in Latin America written by Verónica Michel and published by Cambridge University Press. This book was released on 2018-01-18 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The responsibility of any state is to protect its citizens. But if a state, either through omission or commission, fails to investigate and prosecute crime then what remedies do citizens have? Verónica Michel investigates procedural rights in Chile, Guatemala, and Mexico that allow citizens to call for the appointment of a private prosecutor to initiate criminal investigations. This right diminishes the monopoly of the state over criminal prosecutions and thus offers citizens a way of insisting on state accountability. This book provides the first full-length empirical study of how the victims' right to private prosecution can impact access to justice in Latin America, and shows how institutional and legal arrangements interact to shape the politics of criminal justice. By examining homicide cases in detail, Michel highlights how everyday legal struggles can help build the rule of law from below.

Download or read book The Law and Practice of Private Prosecutions written by Fabian Krougman and published by Bloomsbury Professional. This book was released on 2024-12-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise in the use of private prosecution is of increasing importance to criminal practitioners as well as civil litigators and commercial practitioners. This book sets out the history of private prosecutions, the statutory bases and the practical issues involved in bringing and conducting a private prosecution. The step-by-step approach begins with the laying of the information and the subsequent issuing of the summons, followed by the investigation process and the gathering of evidence through to the trial process and procedure itself. In addition the work includes the important related aspects of disclosure, costs and confiscation. Extensive use of case law and reference to related literature and statutes, as well as the inclusion of precedents, ensures a comprehensive single source for both the less experienced practitioner taking their first steps into private prosecutions and for the more experienced practitioner as a handy reference source for court.

Download or read book For the Prosecution written by C.J. Williams and published by Rowman & Littlefield. This book was released on 2020-03-16 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Organisational Prosecutions written by Gary Slapper and published by Routledge. This book was released on 2017-09-08 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. The central theme of this book is the activity of the multifarious agencies, local and central government departments, private companies and organizations, which act as prosecutors in the branch of the criminal justice system which deals with 95 per cent of all offences: the magistrates' court. There are over 30 prosecuting organizations (21 are featured in this text) which act regularly in over 400 courthouses in England and Wales. This activity, involving many people and a large amount of resources, accounts for approximately one fifth of all activity in the criminal courts, and yet almost no research has been conducted in this area. Based on a year's extensive study of all of the organization prosecutions brought before three magistrates' courts in different regions, the text analyzes a number of important issues, including the different approaches taken by the different organizations, their conviction rates, and the type of sentencing used for different sorts of cases.

Download or read book Environment in the Courtroom written by Alan Ingelson and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "'Environment in the Courtroom' provides extensive insight into Canadian environmental law. Covering key environmental concepts and the unique nature of environmental damage, environmental prosecutions, sentencing and environmental offences, evidentiary issues in environmental processes and hearings, issues associated with site inspections, investigations, and enforcement, and more, this collection has the potential to make a significant difference at the level of understanding and practice. Containing perspective and insight from experienced and prominent Canadian legal practitioners and scholars, Environment in the Courtroom addresses the Canadian provinces and territories and provides context by comparison to the United States and Australia"--Provided by the publisher.

Download or read book The Justice Cascade How Human Rights Prosecutions Are Changing World Politics The Norton Series in World Politics written by Kathryn Sikkink and published by W. W. Norton & Company. This book was released on 2011-09-26 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acclaimed scholar Kathryn Sikkink examines the important and controversial new trend of holding political leaders criminally accountable for human rights violations. Grawemeyer Award winner Kathryn Sikkink offers a landmark argument for human rights prosecutions as a powerful political tool. She shows how, in just three decades, state leaders in Latin America, Europe, and Africa have lost their immunity from any accountability for their human rights violations, becoming the subjects of highly publicized trials resulting in severe consequences. This shift is affecting the behavior of political leaders worldwide and may change the face of global politics as we know it. Drawing on extensive research and illuminating personal experience, Sikkink reveals how the stunning emergence of human rights prosecutions has come about; what effect it has had on democracy, conflict, and repression; and what it means for leaders and citizens everywhere, from Uruguay to the United States. The Justice Cascade is a vital read for anyone interested in the future of world politics and human rights.

Download or read book To Serve and Protect written by Bruce L. Benson and published by NYU Press. This book was released on 1998-08-01 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the accelerating trend towards privatization in the criminal justice system In contrast to government's predominant role in criminal justice today, for many centuries crime control was almost entirely private and community-based. Government police forces, prosecutors, courts, and prisons are all recent historical developments–results of a political and bureaucratic social experiment which, Bruce Benson argues, neither protects the innocent nor dispenses justice. In this comprehensive and timely book, Benson analyzes the accelerating trend toward privatization in the criminal justice system. In so doing, To Serve and Protect challenges and transcends both liberal and conservative policies that have supported government's pervasive role. With lucidity and rigor, he examines the gamut of private-sector input to criminal justice–from private-sector outsourcing of prisons and corrections, security, arbitration to full "private justice" such as business and community-imposed sanctions and citizen crime prevention. Searching for the most cost-effective methods of reducing crime and protecting civil liberties, Benson weighs the benefits and liabilities of various levels of privatization, offering correctives for the current gridlock that will make criminal justice truly accountable to the citizenry and will simultaneously result in reductions in the unchecked power of government.

Download or read book Settlement and the Decline of Private Prosecution in Thirteenth Century England written by Daniel M. Klerman and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although modern societies generally entrust enforcement of the criminal law to public prosecutors, most crimes in pre-modern societies were prosecuted privately by the victim or a relative. This article is the first rigorously quantitative analysis of private prosecution. It focuses on thirteenth-century England and uses statistical techniques, such as regression analysis, to chart and explain the changing rate of private prosecution. The rate of private prosecution fell by fifty percent between 1200 and the 1220's, climbed back to turn-of-the-century levels by the 1240's, and then swiftly dropped by two-thirds and remained at a low level through the end of the century. The most plausible explanation for the wide fluctuations is the changing judicial treatment of private settlements. One of the victim's motives for bringing a private prosecution was the utility of suit in facilitating monetary settlement. Settlement was attractive to the accused, however, only if it protected him from further prosecution. In the late twelfth and early thirteenth centuries, settlement almost always protected the defendant. At various times during the thirteenth century, however, judges sent defendants to trial even though the prosecutor was no longer interested in the case. The implementation and relaxation of this anti-settlement policy can account for most of the changing frequency with which private prosecutions were brought.

Download or read book The Role of the Cyprus Attorney General s Office in Prosecutions Rhetoric Ideology and Practice written by Despina Kyprianou and published by Springer Science & Business Media. This book was released on 2009-10-06 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Attorney General, Republic of Cyprus It is with great pleasure that I foreword the book of Dr Despina Kyprianou’s for many reasons: The ?rst one is that books on any area of Cyprus Law is particularly welcomed as there are limited studies which focus on this ?eld and reveal the singularities and special features of Cyprus Law. The second one is that this book is about the Attorney General’s Of?ce, an of?ce that I have served for almost thir- ?ve years and have personal knowledge of its crucial role not only regarding prosecutions but also regarding a wide variety of other legal issues. The third and most important reason is that this is an excellent work and a thought-provoking contribution to our understanding of the Role of the Cyprus Attorney General’s Of?ce in Prosecutions. The last reason that I am very happy to commend this study is the fact that, a few years ago, I was the one that granted access to the Law Of?ce for Dr Kyprianou’s research. The publication of this highly informative book is the best con?rmation that I was right in doing so. The Republic of Cyprus was established as an independent sovereign republic with a presidential regime on 16 August 1960, when its Constitution came into force and British sovereignty over Cyprus as a Crown Colony ceased.

Download or read book Private Prosecutions written by and published by . This book was released on 1986 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Private Prosecutions from the Public s Perspective written by Marilyn Kansky and published by . This book was released on 1984 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: