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Keywords: prosecutorial discretion
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Journal Article
Mary Iliadis and Asher Flynn
The British Journal of Criminology, Volume 58, Issue 3, May 2018, Pages 550–568, https://doi.org/10.1093/bjc/azx036
Published: 23 June 2017
... prosecutorial discretion procedural justice victims' rights Prosecuting authorities maintain a high level of discretion in their every-day professional duties, including having the power to decide whether or not, and how to, proceed with a case. As Flynn (2016 : 567) explains, such decisions ‘are governed...
Chapter
Published: 15 January 2004
...This chapter discusses the prosecutorial discretion exercised by three incumbents in the post of Chief Prosecutor in the International Criminal Tribunal for the Former Yugoslavia: Justice Richard Goldstone (1994-96), Justice Louise Arbour (1996-99), and Justice Carla Del Ponte (1999 onwards...
Chapter
Published: 20 February 2025
... for Rwanda ICTR interpretative community accountability Hoover J Kony Joseph Kouwenhoven Augustinus Moreno Ocampo L Special Court for Sierra Leone SCSL state sovereignty arms transfers International Criminal Court institutional culture Rome Statute case selection prosecutorial discretion...
Chapter
Published: 14 November 2022
Book
Published online: 18 January 2024
Published in print: 04 January 2024
... in Article 17(1)(d) of the Rome Statute is not to oblige the Court to choose only the most serious cases, but merely to oblige it not to prosecute cases of marginal gravity . The most fundamental claim of Priya Urs s Gravity at the International Criminal Court: Admissibility and Prosecutorial Discretion...
Chapter
Published: 14 April 2021
...Prosecutorial discretion in charge selection has far-reaching consequences throughout the criminal adjudication process. Through their initial charging decisions, prosecutors not only determine who will be subject to the state’s penal power—they also define the terms under which defendants...
Chapter
Published: 14 April 2021
... power. In particular, it elaborates on the role of modern sentencing reforms in enhancing prosecutorial discretion in plea negotiations. Next, it examines normative perspectives and philosophical arguments regarding the utility of plea bargaining. This includes discussion of how plea bargaining may...
Chapter
Published: 14 April 2021
... Therapy Trauma Focused Cognitive Behavioral Therapy TF CBT victims race racial disparities implicit bias prosecutorial discretion adolescence youth adolescent development Over the last quarter century, research has shown that much of youth crime is the product of normal adolescent...
Chapter
Published: 21 March 2019
... plea bargaining Fisher George history of plea bargaining probation back end sentencing plea bargaining and race race and plea bargaining mass incarceration disparities plea bargaining sentencing pretrial detention criminal history enhancements prosecutorial discretion This chapter looks...
Chapter
Published: 24 April 2009
... prosecutors at both the state and federal level. In one case, the prosecutor was actually punished for his behavior. In Arbitrary Justice, I argued that the unfettered exercise of prosecutorial discretion is one of the main causes of the many injustices in the criminal justice system...
Chapter
Published: 02 June 2015
...This chapter provides details on a famous case involving prosecutorial discretion-—the deportation case of John Lennon and the efforts undertaken by his attorney, Leon Wildes, to encourage the immigration agency to publish its policies about prosecutorial discretion. The Lennon case is significant...
Chapter
Published: 01 May 2015
... States, primarily from Central America. Prosecutorial discretion, including deferred action, serves as a central unifying theme. deportation Giovagnoli Mary Immigration Policy Center Murguía Janet National Council of La Raza El Salvador Guatemala Honduras humanitarian concerns liminal legality...
Chapter
Published: 01 May 2015
... and Customs Enforcement ICE parental detention and deportation prosecutorial discretion Somers Aryah unaccompanied minors criminal law driving under the influence DUI offenses misdemeanors Mosier Denise drug offenses humanitarian concerns mental health issues substance abuse Arizona domestic...
Book
Published online: 21 January 2016
Published in print: 01 May 2015
... of immigration policy become apparent. Using a unique sociolegal perspective and based on extensive interviews with immigration attorneys, immigrants’ and children’s advocates, and government officials, this book examines how prosecutorial discretion, deferred action, and other forms of executive action play...
Chapter
Published: 01 June 2012
... transfer laws United States juvenile court jurisdiction states concurrent jurisdiction laws judicial waiver prosecutorial discretion laws statutory exclusion laws discretionary waiver laws transfer law mandatory waiver laws transfer laws presumptive waiver laws transfer thresholds waiver...
Book
Published online: 22 March 2012
Published in print: 24 April 2009
...To Howard Davis, my husband and the love of my life ONE l Prosecutorial Discretion: Power and Privilege Delma Banks was convicted of capital murder in Texas and sentenced to death. Just ten minutes before he was scheduled to die, the United States Supreme Court stopped his execution and a year...
Book
Published online: 01 May 2009
Published in print: 19 March 2009
... of reconstituting their communities as less patriarchal. e book defends this claim in a two-part argument. Chapters 3 5 set out a general theory of prosecutorial discretion, whilst Chapters 6 9 con- sider the prosecution of domestic-violence o ences in particular, applying the insights gained from the previous...
Chapter
Published: 01 May 2015
...This chapter untangles the tensions leading to, and at times undermining, the use of prosecutorial discretion in immigration enforcement. In response to the mounting immigration crisis and in the absence of comprehensive immigration reform, President Obama enlisted prosecutorial discretion; however...
Chapter
Published: 01 May 2015
... these is comprehensive immigration reform. In its absence, we suggest a number of mechanisms, including prosecutorial discretion and deferred action, that can help balance the competing goals of public safety and family unification within a context of limited resources. Finally, we urge that future immigration policy...
Chapter
Published: 02 June 2015
...The introduction sets forth the concept of prosecutorial discretion in immigration law. It also explains how the book is organized and the author’s reasons for writing it. “Prosecutorial discretion” refers to a decision by a government employee or attorney or the acting immigration agency...