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Prosecutors and their Legislatures, Legislatures and their Prosecutors
2021Abstract This chapter explores the often-pathological relationship between prosecutors and legislatures and considers fiscal pressure as an important antidote to the pathology. Institutional incentives between prosecutors and legislatures align in a way quite different than the classic separation of powers story. Rather, legislatures are
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The sensitive prosecutor: Emotional experiences of prosecutors in managing criminal proceedings
International Journal of Law and Psychiatry, 2019For over three decades, therapeutic jurisprudence (TJ) has produced rich scholarship highlighting the inseparable connection between law and personal wellbeing. Only recently, however, have TJ scholars begun to explore the influence that the law has on those practicing it. The current research aims to contribute to this developing area of study.
Shira, Leiterdorf-Shkedy, Tali, Gal
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New Criminal Law Review, 2021
The tailwinds might be behind criminal justice reform, but American mercy power remains locked in a sputtering clemency model. Centralized leadership should be braver or the centralized institutions should be streamlined, the arguments go—but what if the more basic mercy problem is centralization itself? In this essay, I explore that question.
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The tailwinds might be behind criminal justice reform, but American mercy power remains locked in a sputtering clemency model. Centralized leadership should be braver or the centralized institutions should be streamlined, the arguments go—but what if the more basic mercy problem is centralization itself? In this essay, I explore that question.
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2019
Abstract The English constitutional system has traditionally avoided a centralized ministry of justice on the continental model. Responsibility for investigating crime, commencing prosecutions, and presenting the case at court has been shared amongst a large number of different agencies.
John Sprack, Michael Engelhardt–Sprack
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Abstract The English constitutional system has traditionally avoided a centralized ministry of justice on the continental model. Responsibility for investigating crime, commencing prosecutions, and presenting the case at court has been shared amongst a large number of different agencies.
John Sprack, Michael Engelhardt–Sprack
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Journal of Contemporary Criminal Justice, 2006
Prosecutors have virtually unfettered discretion in their plea negotiations with defendants. Where discretion is unrestricted, unwarranted disparity is likely to follow. The current study examines the relationship between offender characteristics and count bargaining.
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Prosecutors have virtually unfettered discretion in their plea negotiations with defendants. Where discretion is unrestricted, unwarranted disparity is likely to follow. The current study examines the relationship between offender characteristics and count bargaining.
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SSRN Electronic Journal, 1920
The rise of the reform prosecutor has led to a backlash. Many states have sought to circumvent the power of reform prosecutors, others to sanction them, and some to replace them with unelected appointees. These efforts have been met with resistance and, in some instances, with legal challenges.
Carissa Byrne Hessick, Rick Su
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The rise of the reform prosecutor has led to a backlash. Many states have sought to circumvent the power of reform prosecutors, others to sanction them, and some to replace them with unelected appointees. These efforts have been met with resistance and, in some instances, with legal challenges.
Carissa Byrne Hessick, Rick Su
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SSRN Electronic Journal, 2020
Private prosecutions are a novel and/or complex point of law in England and Wales, and this is regularly recognised by the Courts when such cases are instituted and litigated. Owing to this, this short piece of work intends to shed light on private prosecutions, the statutory authority for bringing them, overcoming potential judicial objections, how to
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Private prosecutions are a novel and/or complex point of law in England and Wales, and this is regularly recognised by the Courts when such cases are instituted and litigated. Owing to this, this short piece of work intends to shed light on private prosecutions, the statutory authority for bringing them, overcoming potential judicial objections, how to
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Ethics, 1979
Kenneth Kipnis has recently argued that plea bargaining should be abolished.1 He offers two independent lines of argument in defense of that recommendation. First, he focuses on factors intrinsic to the bargaining situation. His argument is this: (1) A defendant's decision to accept a prosecutor's proposal to plead guilty in return for a (relatively ...
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Kenneth Kipnis has recently argued that plea bargaining should be abolished.1 He offers two independent lines of argument in defense of that recommendation. First, he focuses on factors intrinsic to the bargaining situation. His argument is this: (1) A defendant's decision to accept a prosecutor's proposal to plead guilty in return for a (relatively ...
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