Download or read book Can They Do That written by Melba Pearson and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is for lawyer and nonlawyer alike-anyone who is interested in how the criminal justice system works. If you are reading this as a new prosecutor, you can see where others went wrong as well as what options are available to you. The most important goal of this book is for the voters to see the what the criminal justice system really looks like"--

Download or read book Beyond Deportation written by Shoba Sivaprasad Wadhia and published by NYU Press. This book was released on 2015-06-02 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law 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 pursuant to INS’s (now DHS’s) policy of prosecutorial discretion. In U.S. immigration law, the agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of immigration law. A prosecutorial discretion grant is important to an agency seeking to focus its priorities on the “truly dangerous” in order to conserve resources and to bring compassion into immigration enforcement. The Lennon case marked the first moment that the immigration agency’s prosecutorial discretion policy became public knowledge. Today, the concept of prosecutorial discretion is more widely known in light of the Obama Administration’s Deferred Action for Childhood Arrivals or DACA program, a record number of deportations and a stalemate in Congress to move immigration reform. Beyond Deportation is the first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law. It provides a rich history of the role of prosecutorial discretion in the immigration system and unveils the powerful role it plays in protecting individuals from deportation and saving the government resources. Shoba Sivaprasad Wadhia draws on her years of experience as an immigration attorney, policy leader, and law professor to advocate for a bolder standard on prosecutorial discretion, greater mechanisms for accountability when such standards are ignored, improved transparency about the cases involving prosecutorial discretion, and recognition of “deferred action” in the law as a formal benefit.

Download or read book Arbitrary Justice written by Angela J. Davis and published by Oxford University Press. This book was released on 2007-04-12 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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? In this eye-opening work, Angela J. Davis shines a much-needed light on the power of American prosecutors, revealing how the day-to-day practice of even the most well-intentioned prosecutors can result in 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, Davis uses powerful stories of individuals caught in the system to demonstrate how the perfectly legal exercise of prosecutorial discretion can result in gross inequities in criminal justice. For the paperback edition, Davis provides a new Afterword which covers such recent incidents of prosecutorial abuse as the Jena Six case, the Duke lacrosse case, the Department of Justice firings, and more.

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 Beyond Deportation written by Shoba Sivaprasad Wadhia and published by NYU Press. This book was released on 2017-05 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law 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 pursuant to INS’s (now DHS’s) policy of prosecutorial discretion. In U.S. immigration law, the agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of immigration law. A prosecutorial discretion grant is important to an agency seeking to focus its priorities on the “truly dangerous” in order to conserve resources and to bring compassion into immigration enforcement. The Lennon case marked the first moment that the immigration agency’s prosecutorial discretion policy became public knowledge. Today, the concept of prosecutorial discretion is more widely known in light of the Obama Administration’s Deferred Action for Childhood Arrivals or DACA program, a record number of deportations and a stalemate in Congress to move immigration reform. Beyond Deportation is the first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law. It provides a rich history of the role of prosecutorial discretion in the immigration system and unveils the powerful role it plays in protecting individuals from deportation and saving the government resources. Shoba Sivaprasad Wadhia draws on her years of experience as an immigration attorney, policy leader, and law professor to advocate for a bolder standard on prosecutorial discretion, greater mechanisms for accountability when such standards are ignored, improved transparency about the cases involving prosecutorial discretion, and recognition of “deferred action” in the law as a formal benefit.

Download or read book Prosecutorial Ethics written by R. Michael Cassidy and published by West Academic Publishing. This book was released on 2019 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines a prosecutor's ethical responsibilities throughout the criminal justice process in both federal and state practice, and explores constitutional and ethical constraints on prosecutorial discretion. Topics are ordered sequentially as they occur in the progression of a typical criminal case, including the prosecutor's role in the conduct of investigations, contacting and interviewing witnesses, grand jury practice, charging, pre-trial discovery, plea bargaining, jury selection, trial conduct, sentencing, media contacts and post-conviction remedies. The focal point of discussion in each of these areas is a prosecutor's ethical responsibilities under the American Bar Association's Model Rules of Professional Conduct (through 2019) drawing frequent comparisons to significant state variations on the Model Rules, and supplemental guidance provided by the ABA's Criminal Justice Standards: Prosecution Function; the National District Attorneys Standards; and, the Justice Department Manual. The authors also examine constitutional constraints on prosecutorial discretion (particularly under the 5th and 6th Amendments) that at times may deviate from or supplement ethical norms. For the purposes of brevity and ease of reference, the book deviates from the traditional casebook format by summarizing rather than reprinting significant case decisions. Each chapter concludes with practical problems designed to promote class discussion about the appropriate exercise of prosecutorial discretion in hypothetical situations. The book is designed to be used either in a stand-alone seminar on prosecutorial ethics, or as a companion to materials used in a prosecution clinic.

Download or read book Prosecutorial Discretion at the International Criminal Court written by Anni Pues and published by Bloomsbury Publishing. This book was released on 2020-07-09 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book provides a comprehensive guide to, and rigorous analysis of, prosecutorial discretion at the International Criminal Court. This is the first ever study that takes the reader through all the key stages of the Proscecutor's decision-making process. Starting from preliminary examinations and the decision to investigate, the book also explores case selection processes, plea agreements, culminating in the question of how to end engagement in specific country situations. The book serves as a guide to the Rome Statute through the lens of the Prosecutor's activities. With its unique combination of legal theory and specific policy analysis, it addresses broader questions that will be relevant to other international and hybrid criminal courts and tribunals. The book will be of interest to students, practitioners of law, academics, and the wider public concerned with international law, criminal justice and international relations.

Download or read book Prosecutorial Discretion and Federal Sentencing Reform written by Stephen J. Schulhofer and published by . This book was released on 1979 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Prosecutorial Discretion the Decision to Charge an Annotated Bibliography written by United States. Department of Justice and published by . This book was released on 1975 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Prosecutors and Democracy written by Máximo Langer and published by Cambridge University Press. This book was released on 2017-10-26 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first sustained, scholarly examination of the relationship between prosecutors and democracy from a cross-national, cross-disciplinary perspective. Written by a team of internationally distingushed contributors, this is an ideal resource for legal scholars and reformers, political philosophers, and social scientists.

Download or read book Corporate Criminal Liability written by Brandon P. Burton and published by Nova Science Publishers. This book was released on 2014-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A corporation is criminally liable for the federal crimes its employees or agents commit in its interest. Corporate officers, employees, and agents are individually liable for the crimes they commit, for the crimes they conspire to commit, for the foreseeable crimes their co-conspirators commit, for the crimes whose commission they aid and abet, and for the crimes whose perpetrators they assist after the fact. Individual criminal statutes, Justice Department policies, and the Sentencing Guidelines largely dictate the circumstances under which, and the extent to which, agents, employees, corporations, and similar unincorporated entities are prosecuted and punished. This book provides a brief overview of federal law in the area. The book also provides a brief discussion of the legislation, the legal background, and a chronology of related issues and events.

Download or read book The Exercise of Prosecutorial Discretion at the International Criminal Court written by Bertram Kloss and published by Herbert Utz Verlag. This book was released on 2017-01-23 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the ICC’s unprecedented scope of jurisdiction and limited resources comes the need to select situations and cases that the Prosecutor wishes to pursue. As the Prosecutor selects her situations and cases, she constantly makes choices, aff orded to her by the statutory discretion she enjoys as a Prosecutor. The purpose of this study is to investigate three aspects of the Prosecutor’s discretion: What is the extent of the Prosecutor’s discretion in pursuing individual situations and cases? How much does the Prosecutor adhere to and further the objectives of the ICC in the exercise of her discretion? To what degree should the Prosecutor use policy considerations in selecting situations and cases to pursue?

Download or read book Prosecutorial Discretion in the International Criminal Court written by Farid Mohammed Rashid and published by Routledge. This book was released on 2021-12-15 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first scholarly investigation of prosecutorial discretion in the International Criminal Court (ICC) from an interdisciplinary perspective. This work analyses the discretionary power of the ICC prosecutor and its scope. It explains that there is a tendency to overlook the necessity of distinguishing between the various usages of discretion when exercised as a power authorised by the law and effect when applying indeterminate legal thresholds. The author argues that the latter indeterminacy may give decision makers an unwarranted opportunity to exercise a wide range of discretion, where extra-legal factors may be considered. In comparison, prosecutorial discretion allows decision makers to consider extra-legal considerations. This book also discusses the relevance of political considerations within the decision-making process in the context of the exercise of prosecutorial discretion. It suggests that there need not be a conflict between the broad sense of justice as outlined in the Statute and political factors in giving effect to decisions. This book will be of interest to students of international law, global governance and international relations.

Download or read book Prosecutorial Discretion at the International Criminal Court written by Anni Henriette Pues and published by . This book was released on 2020 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Theoretical Framework for the Analysis of Prosecutorial Discretion at the ICC -- Prosecutorial Discretion During Preliminary Examinations -- A Duty to Investigate? -- Case Selection -- Plea Agreements -- The Interests of Justice -- Discretion and Completion -- Conclusion.

Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

Download or read book The Passive Judiciary written by Abraham S. Goldstein and published by . This book was released on 1981 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: