Prosecutors and democracy : a cross-national study / edited by Máximo Langer, David Alan Sklansky.

Format:

Book

Contributor:

Langer, Máximo, editor.

Sklansky, David A., 1959- editor.

Series:

ASCL studies in comparative law

Language:

English

Subjects (All):

Prosecution--Political aspects.

Prosecution.

Prosecution--Decision making--Comparative studies.

Public prosecutors--Comparative studies.

Public prosecutors.

Criminal procedure--Political asepcts.

Criminal procedure.

Judicial discretion.

Democracy.

Prosecution--Decision making.

Genre:

Comparative studies.

Physical Description:

vii, 352 pages ; 24 cm.

Place of Publication:

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2017.

Summary:

"Focusing squarely on the relationship between prosecutors and democracy, this volume throws light on key questions about prosecutors and what role they should play in a democracy. Internationally distinguished scholars discuss how prosecutors can strengthen democracy, how they can undermine it, and why it has proven so challenging to hold prosecutors accountable while insulating them from politics. Drawing on experiences from the United States, the UK and continental Europe, the contributors show how different legal systems have addressed that challenge in very different ways. Comparing and contrasting those strategies allows us to assess their relative strengths - and to gain a richer understanding of the contested connections between law and democratic politics. Chapters are in explicit conversation with each other, showing how each author's perspective informs, or differs from, that of the others. This is an ideal resource for legal scholars and reformers, political philosophers, and social scientists"-- Provided by publisher.

"There is no space here to spell out a detailed account of a democratic republic: I can say that the conception on which I rely is of a participatory, deliberative democracy that takes an inclusionary attitude towards its members (although the account I will offer of a prosecutor's role should also be congenial to other conceptions of democracy) - but that is just to mention a set of slogans, each of which requires unpacking. However, I can highlight some presently relevant features by commenting briefly on two slogans: 'equal concern and respect', and 'the eyeball test'"-- Provided by publisher.

Contents:

Machine generated contents note: Introduction Maximo Langer and David Sklansky; 1. Discretion and accountability in a democratic criminal law Antony Duff; 2. Accounting for prosecutors Daniel C. Richman; 3. The democratic accountability of prosecutors in England and Wales and France: independence, discretion and managerialism Jacqueline Hodgson; 4. The French prosecutor as judge. The carpenter's mistake? Mathilde Cohen; 5. German prosecutors and the Rechtsstaat Shawn Boyne; 6. The organization of prosecutorial discretion William J. Simon; 7. Prosecutors, democracy, and race Angela J. Davis; 8. Prosecuting immigrants in a democracy Ingrid V. Eagly; 9. The better politics of prosecution Jonathan Simon; 10. Unpacking the relationship between prosecutors and democracy in the United States David Sklansky; Epilogue: prosecutors and democracy

themes and counterthemes Maximo Langer and David Sklansky.

Notes:

Includes bibliographical references and index.

ISBN:

9781107187559

1107187559

OCLC:

986237277