Prosecutors and democracy : a cross-national study / edited by Máximo Langer, David Alan Sklansky.
2017
K5425 .P773 2017 (Map It)
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Details
Title
Prosecutors and democracy : a cross-national study / edited by Máximo Langer, David Alan Sklansky.
Published
Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2017.
Copyright
©2017
Call Number
K5425 .P773 2017
ISBN
9781107187559 hardcover
1107187559 hardcover
1107187559 hardcover
Description
vii, 352 pages ; 24 cm.
System Control No.
(OCoLC)986237277
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.
"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.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
List of Contributors
vii
Introduction / David Alan Sklansky
1
1.
Discretion and Accountability in a Democratic Criminal Law / Antony Duff
9
2.
Accounting for Prosecutors / Daniel C. Richman
40
3.
Democratic Accountability of Prosecutors in England and Wales and France: Independence, Discretion and Managerialism / Jacqueline S. Hodgson
76
4.
French Prosecutor as Judge. The Carpenter's Mistake? / Mathilde Cohen
109
5.
German Prosecutors and the Rechtsstaat / Shawn Boyne
138
6.
Organization of Prosecutorial Discretion / William H. Simon
175
7.
Prosecutors, Democracy, and Race / Angela J. Davis
195
8.
Prosecuting Immigrants in a Democracy / Ingrid V. Eagly
227
9.
Beyond Tough on Crime: Towards a Better Politics of Prosecution / Jonathan Simon
250
10.
Unpacking the Relationship between Prosecutors and Democracy in the United States / David Alan Sklansky
276
Epilogue: Prosecutors and Democracy --- Themes and Counterthemes / David Alan Sklansky
300
Index
339