Focusing on the relationship between prosecutors and democracy, this volume throws light on key questions about prosecutors and the role they should play in liberal self-government. Internationally distinguished scholars discuss how prosecutors can strengthen democracy, how they sometimes undermine it, and why it has proven so challenging to hold prosecutors accountable while insulating them from politics. The contributors explore the different ways legal systems have addressed that challenge in the United States, the United Kingdom, and continental Europe. Contrasting those strategies allows an assessment of their relative strengths - and a richer understanding of the contested connections between law and democratic politics. Chapters are in explicit conversation with each other, facilitating comparison and deepening the analysis. This is an important new resource for legal scholars and reformers, political philosophers, and social scientists.
Papildus informācija
The first sustained, scholarly examination of the relationship between prosecutors and democracy from a cross-national, cross-disciplinary perspective.
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vii | |
| Introduction |
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1 | (8) |
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1 Discretion and Accountability in a Democratic Criminal Law |
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9 | (31) |
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2 Accounting for Prosecutors |
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40 | (36) |
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3 The Democratic Accountability of Prosecutors in England and Wales and France: Independence, Discretion and Managerialism |
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76 | (33) |
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4 The French Prosecutor as Judge. The Carpenter's Mistake? |
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109 | (29) |
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5 German Prosecutors and the Rechtsstaat |
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138 | (37) |
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6 The Organization of Prosecutorial Discretion |
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175 | (20) |
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7 Prosecutors, Democracy, and Race |
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195 | (32) |
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8 Prosecuting Immigrants in a Democracy |
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227 | (23) |
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9 Beyond Tough on Crime: Towards a Better Politics of Prosecution |
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250 | (26) |
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10 Unpacking the Relationship between Prosecutors and Democracy in the United States |
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276 | (24) |
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| Epilogue: Prosecutors and Democracy -- Themes and Counterthemes |
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300 | (39) |
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| Index |
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339 | |
Mįximo Langer is Professor of Law and Director of the Transnational Program on Criminal Justice at University of California, Los Angeles, School of Law. He is an expert in comparative and international criminal justice. His work has been translated into several languages and has received awards from multiple professional associations, including the American Society of Comparative Law. David Alan Sklansky is Stanley Morrison Professor of Law at Stanford University, California, Law School and Faculty Co-Director of the Stanford Criminal Justice Center. He previously served on the law faculties at the University of California, Los Angeles and the University of California, Berkeley, and is a former federal prosecutor. He is the author of Democracy and the Police (2008).
