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.
Arbitrary Justice: The Power of the American Prosecutor
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Editorial Reviews
From Booklist
Davis, an experienced public defender, provides an excellent critique of prosecutorial power in the American criminal justice system. Davis' analysis is quite balanced, respecting both historical precedents and the value of the power of discretion. She argues that the prosecutor's duty is more than one side of an adversarial process; the duty is to justice. Yet, as reflected in this work, Davis shows how "ordinary" prosecutorial discretion often leads to injustice. Injustice too often comes from practices hidden from the public that, even when revealed, are accepted as articles of faith. Most abuses are tied to practices of both federal and state prosecutors, reflected in their application of the death penalty, basic charging, victim's issues, and plea bargaining. Davis also examines intentional prosecutorial misconduct and how the courts, including the Supreme Court, have created a context that appears to facilitate abuse and nonaccountability. Davis makes a sound argument that fundamental reforms are necessary to again make prosecutors as accountable as any others granted a public trust with power and responsibility on which we all depend. Ford, Vernon
Review
"This book is not simply timely. It is timeless. It chronicles the expansion of prosecutorial powers and, better yet, offers a compelling set of reforms that all can agree will help to curb unnecessary abuses of power. Public officials, law enforcement, and everyday citizens will all find this book informative and accessible. It is a must read, and a phenomenal read."--Charles J. Ogletree Jr., Jesse Climenko Professor, Harvard Law School
"Finally, a book by a scholar that not only describes what's really going on in the trenches--a dangerous shift in power from judges to prosecutors in sentencing and charging decisions--but provides a sensible agenda of reforms that will protect victims and defendants alike. This is a very important work."--Barry Scheck, Professor, Benjamin N. Cardozo School of Law, and Co-Director, Innocence Project
"In Arbitrary Justice, Professor Davis reveals how the primary mechanism of accountability in our democracy--elections--has failed to hold prosecutors accountable to the people they serve. She offers practical progressive ideas for reform that will improve our democracy and help to eliminate the unacceptable class and race disparities in our criminal justice system."--Congressman Jesse L. Jackson, Jr. (D-IL)
"Angela Davis sheds searing light on the long-veiled power wielded by American prosecutors and shows that a fair criminal justice system is an illusion unless we demand transparency and equality from this oft-overlooked arena."--David Cole, author of No Equal Justice
"With this book, Professor Davis throws down a gauntlet to prosecutors; some district attorneys will roar in opposition to her proposals while others, deeply concerned with equal justice, will take to heart her trenchant observations on racial issues in the prosecutor's office and will carefully consider her proposals for needed reforms."--E. Michael McCann, former Milwaukee County District Attorney
"Using powerful examples, Angela Davis discusses the often misunderstood scope of prosecutorial discretion, and her book should make an excellent supplemental text in a judicial and court related course."--The Law and Politics Book Review
"Finally, a book by a scholar that not only describes what's really going on in the trenches--a dangerous shift in power from judges to prosecutors in sentencing and charging decisions--but provides a sensible agenda of reforms that will protect victims and defendants alike. This is a very important work."--Barry Scheck, Professor, Benjamin N. Cardozo School of Law, and Co-Director, Innocence Project
"In Arbitrary Justice, Professor Davis reveals how the primary mechanism of accountability in our democracy--elections--has failed to hold prosecutors accountable to the people they serve. She offers practical progressive ideas for reform that will improve our democracy and help to eliminate the unacceptable class and race disparities in our criminal justice system."--Congressman Jesse L. Jackson, Jr. (D-IL)
"Angela Davis sheds searing light on the long-veiled power wielded by American prosecutors and shows that a fair criminal justice system is an illusion unless we demand transparency and equality from this oft-overlooked arena."--David Cole, author of No Equal Justice
"With this book, Professor Davis throws down a gauntlet to prosecutors; some district attorneys will roar in opposition to her proposals while others, deeply concerned with equal justice, will take to heart her trenchant observations on racial issues in the prosecutor's office and will carefully consider her proposals for needed reforms."--E. Michael McCann, former Milwaukee County District Attorney
"Using powerful examples, Angela Davis discusses the often misunderstood scope of prosecutorial discretion, and her book should make an excellent supplemental text in a judicial and court related course."--The Law and Politics Book Review
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11 of 12 people found the following review helpful
4.0 out of 5 stars
Read it! but be prepared to feel depressed afterward if you've been living in a bubble of denial....
April 16, 2010
By Rutherford
Format:Hardcover
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.
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.
11 of 13 people found the following review helpful
Format:Hardcover
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.
18 of 23 people found the following review helpful
By J. Pluff
Format:Hardcover
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.
Most Recent Customer Reviews
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I have a family member who is caught up in the system. This book was a great reference for him, he used it to reinforce his statements written in the briefs he prepared in his... Read more
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3.0 out of 5 stars
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Published 2 months ago by JLawbook
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prosecution and defense
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. Read more
There are a number of safety switches. Read more
Published on September 19, 2008 by Edward R. Baird, Jr.
