Customer Reviews

Arbitrary Justice: The Power of the American Prosecutor

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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.

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.

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.

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