Private prosecution in America : its origins, history, and unconstitutionality in the twenty-first century / John D. Bessler.

Durham, North Carolina : Carolina Academic Press, [2022]

©2022

KF9640 .B47 2021

9781531020064 (hardback)
1531020062 (hardback)
9781531020071 (ebook)

xxxiii, 987 pages ; 26 cm

(OCoLC)1274228002

"This book is the first comprehensive examination of a practice that dates back to the colonial era. Tracking its origins to medieval times and the English common law, the book shows how 'private prosecutors' were once a mainstay of early American criminal procedure. Private prosecutors-acting on their own behalf, as next of kin, or though retained counsel-initiated prosecutions, presented evidence in court, and sought the punishment of offenders. Until the rise and professionalization of public prosecutors' offices, private prosecutors played a major role in the criminal justice system, including in capital cases. After conducting a 50-state survey and recounting how some locales still allow private prosecutions by interested parties, the book argues that such prosecutions violate defendants' constitutional rights and should be outlawed"-- Provided by the publisher.

Includes bibliographical references and index.

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