Arbitrary Justice: The Power of the American Prosecutor |  | Author: Angela J. Davis
Publisher: Oxford University Press, USA
Category: Book
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Rating:  5 reviews
Sales Rank: 252272
Media: Paperback
Pages: 280
Number Of Items: 1
Shipping Weight (lbs): 0.7
Dimensions (in): 9.1 x 6.1 x 0.8
ISBN: 0195384733
Dewey Decimal Number: 174
EAN: 9780195384734
ASIN: 0195384733
Publication Date: April 24, 2009
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Product Description
What happens when public prosecutors, the most powerful officials in the criminal justice system, seek convictions instead of justice? Why are cases involving well-to-do victims often prosecuted more vigorously than those involving poor victims? Why do wealthy defendants frequently enjoy more lenient plea bargains than the disadvantaged? In this eye-opening work, Angela J. Davis shines a much-needed light on the power of American prosecutors, revealing how the day-to-day practice of even the most well-intentioned prosecutors can result in unequal treatment of defendants and victims. Ranging from mandatory minimum sentencing laws that enhance prosecutorial control over the outcome of cases, to the increasing politicization of the office, Davis uses powerful stories of individuals caught in the system to demonstrate how the perfectly legal exercise of prosecutorial discretion can result in gross inequities in criminal justice. For the paperback edition, Davis provides a new Afterword which covers such recent incidents of prosecutorial abuse as the Jena Six case, the Duke lacrosse case, the Department of Justice firings, and more.
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| Customer Reviews:
 Excellent book July 19, 2008
Chris Macdonald Dennis (Philadelphia PA United States)
8 out of 9 found this review helpful
Dr. Davis has done more than most in demonstrating the problematic nature of our political system. Here she does it again and reminds us why prison/criminal justice reform is an issues whose time has come.
 Whining prosecutors September 24, 2008
J. Pluff (CA)
9 out of 12 found this review helpful
Haha. Wow, look at those other reviews that attatcked the book. They were both by prosecutors. Geez. Just because The book is about prosecutor misconduct(something that obviously does happen from time to time)that doesn't mean that you have to be a child and take the whole book as a personal attatck against you because you happen to be in the same profession. I don't care if you've never seen such cases in the criminal justice system, abuse of power by prosecutors does happen, I'm not saying all the frikin time, but yes just like every other field in life, there are a few bad apples. Don't be a baby.
Read it! but be prepared to feel depressed afterward if you've been living in a bubble of denial.... April 17, 2010
Rutherford
1 out of 1 found this review helpful
Read it, but be prepared to feel depressed afterward if you've been living in a bubble of denial or unthinking judgment.
Prosecutors present evidence, often some of it false, to Grand Juries in secret without the accused knowing about it and unable to defend him or herself, so they pretty much Always get a vote to prosecute. If the defendant is convicted, when they discover any false evidence that was responsible for the decision to prosecute they cannot legally do anything about it because the law won't allow them to as convicted criminals! They are just trapped, knowing they were prosecuted in the first place because of bogus evidence and that presenting it was illegal, but the laws have been designed to protect prosecutors at the expense of the accused, even those who are innocent of the crime for which they are accused; even when the prosecution committed an illegal act.
Judges increasingly abdicate their responsibilities and defer to prosecutors, even in allowing prosecutors to decide what evidence is or isn't relevant to the defense when there is evidence they do not want to turn over! The prosecution deciding for the defense what evidence is relevant?! Judges taking their word for it and ruling in their favor that they do not have to turn over everything requested by the defense?! People! Wake up!
Prosecutors have almost blank checks to go after citizens, while most Americans cannot even begin to defend themselves because of the hundreds of thousands of dollars a big trial costs. Even to fight a bogus DUI charge costs about $30,000.00! Increasingly, there are innocent people in our jails and prisons merely because they don't have the money to fight for their lives so they make deals to do less time. Of course, after that horrific sacrifice, their lives are scarred forever not only from the trauma, but from a criminal record that will follow them and damage their opportunities for the rest of their lives. Their families and extended families are damaged too.
Arrogant, ego-driven, win-at-all costs prosecutors have distorted our system and filled our prisons to overflowing. Prosecutors charge citizens for things no one would have considered filing charges for 35 years ago, and they file as many charges for as high a punishment as they can possibly get away with, without regard to intent or cost to the individuals and community. Instead of using good judgment and a sense of fairness, if they can charge they do, regardless of whether it is really just or prudent. When they do not have strong evidence, instead of refraining from prosecuting like the generation before did, they use tricks, games, and drama to convince juries to believe that they know better even without the evidence to back up their accusations.
The entire system needs reform, and we won't get it until we start holding our local prosecutors accountable. That begins with holding our legislators responsible for oversight accountable by forcing them to pass reforms and then enforcing those reforms. Perhaps we need fewer ex-prosecutors in our legislatures so they are more well-balanced in experience and perspective. The other important correction that needs to take place is to remove the lobbying of those who make profit from the criminal justice system so that they can no longer influence gullible legislators to support and pass laws that ensnare more and more Americans, filling our prisons and their pockets. If certain industries (including but not limited to the prison industry itself-building, and now actually running private prisons for profit) weren't making big bucks off our corrupted, sick system, it wouldn't have reached this point. Our legislators need to get out of their pockets.
 An Op-Ed Piece Masquerading as Scholarship May 12, 2008
Scott A. Steiner (California, USA)
9 out of 31 found this review helpful
Professor Davis should be lauded for her ability to advocate. And were this book offered as a piece of advocacy, I would have offered it high praise.
In the interest of disclosure, I am a member of the prosecution that this book so delights in attacking. Despite this, however, I have no problem reading well reasoned attacks. What makes this book dead wrong is that it masquerades as scholarship, when it's little more than the disgruntled musings of someone who clearly grew used to frequent losses (Professor Davis is a former defense attorney).
It's a shame, as the topic is ready for study - but this book does nothing to offer it. The "evidence" for her position is little more than anecdotes. She uses data, but fails to provide the context for it. For instance, she cites a specific number to illustrate the problem of prosecutorial misconduct, but then neglects to put that number in context.
Her citation format is sloppy and often incorrect. Her suggestions for reform are laughably simplistic. Shame on Oxford University Press for publishing this biased drivel. It's worth 2 stars only as a piece that so incensed me it warranted this review.
If you're looking for unsupported arguments for how corrupt America's prosecutors are, you'll love this book. This no doubt explains academia's enthusiastic embrace of the book. C-Span did a program recently based on the book, with such unbiased academic luminaries as Barry Scheck and his ilk falling all over themselves to praise her brilliance. But if you are hoping for thoughtful, open, useful scholarship, don't bother with this pablum.
As a prosecutor, I'm used to defense attorneys falling all over themselves to attack us. But it's intellectually dishonest to drape this trash in the mantle of scholarship, when it ultimately amounts to little more than 200 pages of sour grapes.
 prosecution and defense September 19, 2008
Edward R. Baird, Jr. (Norfolk, Virginia)
1 out of 18 found this review helpful
I have never seen a case in the criminal justice system where I thought the prosecutor was abusing his discretion.
There are a number of safety switches. In the federal system the Attorney General is appointed with the advice and the consent of the Senate. IN the Virginia system each Commonwealth's Attorney is elected by the people.
Considering the large volume of cases handled, the criminal justice system in Virginia, including the federal system, seems to work remarkably well.
The author of the book only defended. She did not prosecute.
The book's author appeared to be biased in favor of the defendant. As such, the book's argument did not appear to be valid.
Respectfully submitted,
Edward R. Baird, Jr.
edwardbaird@me.com
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