The first sustained, scholarly examination of the relationship between prosecutors and democracy from a cross-national, cross-disciplinary perspective. Written by a team of internationally distingushed contributors, this is an ideal resource for legal scholars and reformers, political philosophers, and social scientists.
Focusing on the relationship between prosecutors and democracy, this volume throws light on key questions about prosecutors and the role they should play in liberal self-government. Internationally distinguished scholars discuss how prosecutors can strengthen democracy, how they sometimes undermine it, and why it has proven so challenging to hold prosecutors accountable while insulating them from politics. The contributors explore the different ways legal systems have addressed that challenge in the United States, the United Kingdom, and continental Europe. Contrasting those strategies allows an assessment of their relative strengths - and a richer understanding of the contested connections between law and democratic politics. Chapters are in explicit conversation with each other, facilitating comparison and deepening the analysis. This is an important new resource for legal scholars and reformers, political philosophers, and social scientists.
Focusing on the relationship between prosecutors and democracy, this volume throws light on key questions about prosecutors and the role they should play in liberal self-government. Internationally distinguished scholars discuss how prosecutors can strengthen democracy, how they sometimes undermine it, and why it has proven so challenging to hold prosecutors accountable while insulating them from politics. The contributors explore the different ways legal systems have addressed that challenge in the United States, the United Kingdom, and continental Europe. Contrasting those strategies allows an assessment of their relative strengths - and a richer understanding of the contested connections between law and democratic politics. Chapters are in explicit conversation with each other, facilitating comparison and deepening the analysis. This is an important new resource for legal scholars and reformers, political philosophers, and social scientists.
There is widespread agreement that democracy today faces unprecedented challenges. Populism has pushed governments in new and surprising constitutional directions. Analysing the constitutional system of illiberal democracies (from Venezuela to Poland) and illiberal phenomena in 'mature democracies' that are justified in the name of 'the will of the people', this book explains that this drift to mild despotism is not authoritarianism, but an abuse of constitutionalism. Illiberal governments claim that they are as democratic and constitutional as any other. They also claim that they are more popular and therefore more genuine because their rule is based on conservative, plebeian and 'patriotic' constitutional and rule of law values rather than the values liberals espouse. However, this book shows that these claims are deeply deceptive - an abuse of constitutionalism and the rule of law, not a different conception of these ideas.
*A New York Times Bestseller* An important overview of the way our justice system works, and why the rule of law is essential to our survival as a society—from the one-time federal prosecutor for the Southern District of New York, and host of the Doing Justice podcast. Preet Bharara has spent much of his life examining our legal system, pushing to make it better, and prosecuting those looking to subvert it. Bharara believes in our system and knows it must be protected, but to do so, he argues, we must also acknowledge and allow for flaws both in our justice system and in human nature. Bharara uses the many illustrative anecdotes and case histories from his storied, formidable career—the successes as well as the failures—to shed light on the realities of the legal system and the consequences of taking action. Inspiring and inspiringly written, Doing Justice gives us hope that rational and objective fact-based thinking, combined with compassion, can help us achieve truth and justice in our daily lives. Sometimes poignant and sometimes controversial, Bharara's expose is a thought-provoking, entertaining book about the need to find the humanity in our legal system as well as in our society.
A U.S. senator, leading the fight against money in politics, chronicles the long shadow corporate power has cast over our democracy In Captured, U.S. Senator and former federal prosecutor Sheldon Whitehouse offers an eye-opening take on what corporate influence looks like today from the Senate Floor, adding a first-hand perspective to Jane Mayer’s Dark Money. Americans know something is wrong in their government. Senator Whitehouse combines history, legal scholarship, and personal experiences to provide the first hands-on, comprehensive explanation of what's gone wrong, exposing multiple avenues through which our government has been infiltrated and disabled by corporate powers. Captured reveals an original oversight by the Founders, and shows how and why corporate power has exploited that vulnerability: to strike fear in elected representatives who don’t “get right” by threatening million-dollar "dark money" election attacks (a threat more effective and less expensive than the actual attack); to stack the judiciary—even the Supreme Court—in "business-friendly" ways; to "capture” the administrative agencies meant to regulate corporate behavior; to undermine the civil jury, the Constitution's last bastion for ordinary citizens; and to create a corporate "alternate reality" on public health and safety issues like climate change. Captured shows that in this centuries-long struggle between corporate power and individual liberty, we can and must take our American government back into our own hands.
In a searing political memoir, former Alabama Governor Don Siegelman explodes the myth of an impartial U.S. justice system. He should know. Arguably the most successful and promising politician in modern Alabama history, his three-decade career in public service ran afoul of Republican opponents who used the federal judicial system to take him out of contention in Alabama and nationally. Siegelman ultimately was sentenced to 88 months in federal prison and served five years, with long stretches in solitary confinement during which he was a literal political prisoner, cut off from interviews and outside contact. Stealing Our Democracy reveals how Siegelman’s enemies — including politicized prosecutors and a corrupt judge — stripped him of his freedom, his career, and his law license, and deprived him of his family and friends. His is an intensely personal account of how our system can fail and be abused for political greed. And if it could happen to him, he writes, it can happen to any of us, particularly in an era when Donald Trump is abusing his power and using the Department of Justice as a political weapon to defend himself and to destroy those who oppose him. Siegelman draws on his experience as a public servant and an inmate to show why the nation’s prisons must be reformed along with our system of indictment, prosecution, and sentencing. Finally, Stealing Our Democracy offers a blueprint for voters in 2020 of what must be done to preserve democracy.
A groundbreaking reassessment of the American prison system, challenging the widely accepted explanations for our exploding incarceration rates In Locked In, John Pfaff argues that the factors most commonly cited to explain mass incarceration -- the failed War on Drugs, draconian sentencing laws, an increasing reliance on private prisons -- tell us much less than we think. Instead, Pfaff urges us to look at other factors, especially a major shift in prosecutor behavior that occurred in the mid-1990s, when prosecutors began bringing felony charges against arrestees about twice as often as they had before. An authoritative, clear-eyed account of a national catastrophe, Locked In is "a must-read for anyone who dreams of an America that is not the world's most imprisoned nation" (Chris Hayes, author of A Colony in a Nation). It transforms our understanding of what ails the American system of punishment and ultimately forces us to reconsider how we can build a more equitable and humane society.
NEW YORK TIMES BESTSELLER • A renowned journalist and legal commentator exposes the unchecked power of the prosecutor as a driving force in America’s mass incarceration crisis—and charts a way out. “An important, thoughtful, and thorough examination of criminal justice in America that speaks directly to how we reduce mass incarceration.”—Bryan Stevenson, author of Just Mercy “This harrowing, often enraging book is a hopeful one, as well, profiling innovative new approaches and the frontline advocates who champion them.”—Matthew Desmond, author of Evicted FINALIST FOR THE LOS ANGELES TIMES BOOK PRIZE • SHORTLISTED FOR THE J. ANTHONY LUKAS BOOK PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY NPR • The New York Public Library • Library Journal • Publishers Weekly • Kirkus Reviews The American criminal justice system is supposed to be a contest between two equal adversaries, the prosecution and the defense, with judges ensuring a fair fight. That image of the law does not match the reality in the courtroom, however. Much of the time, it is prosecutors more than judges who control the outcome of a case, from choosing the charge to setting bail to determining the plea bargain. They often decide who goes free and who goes to prison, even who lives and who dies. In Charged, Emily Bazelon reveals how this kind of unchecked power is the underreported cause of enormous injustice—and the missing piece in the mass incarceration puzzle. Charged follows the story of two young people caught up in the criminal justice system: Kevin, a twenty-year-old in Brooklyn who picked up his friend’s gun as the cops burst in and was charged with a serious violent felony, and Noura, a teenage girl in Memphis indicted for the murder of her mother. Bazelon tracks both cases—from arrest and charging to trial and sentencing—and, with her trademark blend of deeply reported narrative, legal analysis, and investigative journalism, illustrates just how criminal prosecutions can go wrong and, more important, why they don’t have to. Bazelon also details the second chances they prosecutors can extend, if they choose, to Kevin and Noura and so many others. She follows a wave of reform-minded D.A.s who have been elected in some of our biggest cities, as well as in rural areas in every region of the country, put in office to do nothing less than reinvent how their job is done. If they succeed, they can point the country toward a different and profoundly better future.
Indonesia is the world's third largest democracy and its courts are an important part of its democratic system of governance. Since the transition from authoritarian rule in 1998, a range of new specialised courts have been established from the Commercial Courts to the Constitutional Court and the Fisheries Court. In addition, constitutional and legal changes have affirmed the principle of judicial independence and accountability. The growth of Indonesia's economy means that the courts are facing greater demands to resolve an increasing number of disputes. This volume offers an analysis of the politics of court reform through a review of judicial change and legal culture in Indonesia. A key concern is whether the reforms that have taken place have addressed the issues of the decline in professionalism and increase in corruption. This volume will be a vital resource for scholars of law, political science, law and development, and law and society.