By Angela J. Davis
What occurs whilst public prosecutors, the main strong officers within the felony justice approach, search convictions rather than justice? Why are situations related to well-to-do sufferers usually prosecuted extra vigorously than these regarding bad sufferers? Why do prosperous defendants often take pleasure in extra lenient plea offers than the deprived? during this eye-opening paintings, Angela J. Davis shines a much-needed mild at the energy of yankee prosecutors, revealing how the day by day perform of even the main well-intentioned prosecutors may end up in unequal remedy of defendants and sufferers. starting from essential minimal sentencing legislation that increase prosecutorial regulate over the end result of situations, to the expanding politicization of the workplace, Davis makes use of strong tales of people stuck within the approach to illustrate how the peerlessly felony workout of prosecutorial discretion may end up in 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 info for Arbitrary justice : the power of the American prosecutor
I learned that communication with the complainant would have been impossible. During my conversation with the complainant’s mother, she told me that her daughter wouldn’t be able to give a statement because she didn’t know sign language. When I asked her how her daughter ordinarily communicated, she said that her daughter only was able to communicate with her and that they had their own special language. I learned that her daughter had never been subpoenaed to the grand jury and that the prosecutor was aware of her inability to understand standard sign language.
I wanted him to own up to that fact, so my client could be released from jail. It soon became obvious that the prosecutor was ignoring my attempts at communication. I left dozens of phone messages and sent a letter requesting a meeting; I received no responses. When I ﬁnally reached the prosecutor and expressed my concerns, I told him that I was aware of the complainant’s inability to understand standard American Sign Language and asked him how he planned to present 29 30 ARBITRARY JUSTICE evidence of a rape without her testimony.
This chapter will attempt to shed light on this issue. HOW THE PROCESS WORKS Plea bargaining is usually a very informal process. It can occur at any point after the charging decision has been made, or even before formal charges are brought. However, prosecutors are not required to offer a plea bargain in every case. As in the case of the charging decision, the LET’S MAKE A DEAL prosecutor decides whether to offer a plea bargain and what that offer should be. She does not have to justify her decision to offer or decline a plea bargain to the judge, defense attorney, or anyone other than possibly the supervising prosecutor in her ofﬁce.
Arbitrary justice : the power of the American prosecutor by Angela J. Davis