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Prosecutors and Democracy: A Cross-National Study

Edited by: Maximo Langer, David Alan Sklansky

ISBN13: 9781316638149
Published: December 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2017)
Price: £25.99
Hardback edition , ISBN13 9781107187559



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Focusing squarely on the relationship between prosecutors and democracy, this volume throws light on key questions about prosecutors and what role they should play in a democracy. Internationally distinguished scholars discuss how prosecutors can strengthen democracy, how they can undermine it, and why it has proven so challenging to hold prosecutors accountable while insulating them from politics.

Drawing on experiences from the United States, the UK and continental Europe, the contributors show how different legal systems have addressed that challenge in very different ways. Comparing and contrasting those strategies allows us to assess their relative strengths - and to gain a richer understanding of the contested connections between law and democratic politics. Chapters are in explicit conversation with each other, showing how each author's perspective informs, or differs from, that of the others.

This is an ideal resource for legal scholars and reformers, political philosophers, and social scientists.

Subjects:
Criminal Law
Contents:
Introduction Maximo Langer and David Sklansky
1. Discretion and accountability in a democratic criminal law Antony Duff
2. Accounting for prosecutors Daniel C. Richman
3. The democratic accountability of prosecutors in England and Wales and France: independence, discretion and managerialism Jacqueline Hodgson
4. The French prosecutor as judge. The carpenter's mistake? Mathilde Cohen
5. German prosecutors and the Rechtsstaat Shawn Boyne
6. The organization of prosecutorial discretion William J. Simon
7. Prosecutors, democracy, and race Angela J. Davis
8. Prosecuting immigrants in a democracy Ingrid V. Eagly
9. The better politics of prosecution Jonathan Simon
10. Unpacking the relationship between prosecutors and democracy in the United States David Sklansky
Epilogue: prosecutors and democracy - themes and counterthemes Maximo Langer and David Sklansky.

Series: ASCL Studies in Comparative Law

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