By Angela J. Davis
What occurs whilst public prosecutors, the main robust officers within the felony justice method, search convictions rather than justice? Why are circumstances related to well-to-do sufferers usually prosecuted extra vigorously than these regarding terrible sufferers? Why do prosperous defendants usually get pleasure from extra lenient plea deals than the deprived? during this eye-opening paintings, Angela J. Davis shines a much-needed mild at the strength of yankee prosecutors, revealing how the daily perform of even the main well-intentioned prosecutors can lead to unequal remedy of defendants and sufferers. starting from essential minimal sentencing legislation that increase prosecutorial keep watch over over the end result of instances, to the expanding politicization of the place of work, Davis makes use of strong tales of people stuck within the approach to illustrate how the peerlessly felony workout of prosecutorial discretion can lead to gross inequities in legal justice. For the paperback version, Davis presents a brand new Afterword which covers such contemporary incidents of prosecutorial abuse because the Jena Six case, the Duke lacrosse case, the dep. of Justice firings, and more.
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Extra resources for Arbitrary justice : the power of the American prosecutor
When this prosecutor was unable to prove my client’s guilt legally, he took it upon himself to act as jury and judge—single-handedly ﬁnding him guilty and ‘‘sentencing’’ him to nine months in jail. The prosecutor’s actions certainly conﬂicted with the American Bar Association’s standards for the prosecution function. 15 Even if a jury ultimately found the defendant not guilty, the defendant would bear the emotional—and perhaps ﬁnancial—burden of defending against the charges. Furthermore, the defendant might labor under the shadow of suspicion that often lingers even after charges are dismissed or not proven.
These investigations include ﬁnding witnesses and taking statements from them when possible. In this case, getting a statement from the complainant was complicated by the fact that she was deaf. I hired a sign language interpreter to accompany my investigator to the complainant’s home and translate her statement. The interpreter planned to communicate with the complainant directly, explain their purpose, and translate the investigator’s questions and the complainant’s answers. The investigator would write down the statement as interpreted.
Police and prosecutors believed the girl, and Marcus was charged with rape, sexual battery, aggravated assault, false imprisonment, statutory rape, and aggravated child molestation. All of these charges stemmed from a single act. 20 They convicted him of statutory rape, which consists of sexual intercourse with a minor, whether or not the minor consents. ’’21 The jury had the most difﬁculty with the last charge. The Georgia statute deﬁned aggravated child molestation as sex with a minor that causes injury.