Private prosecution in America : its origins, history, and unconstitutionality in the twenty-first century / John D. Bessler.
2022
KF9640 .B47 2021 (Mapit)
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Details
Author
Title
Private prosecution in America : its origins, history, and unconstitutionality in the twenty-first century / John D. Bessler.
Imprint
Durham, North Carolina : Carolina Academic Press, [2022]
Copyright
©2022
Description
xxxiii, 987 pages ; 26 cm
Formatted Contents Note
Private prosecution in the British Isles : criminal procedure in English vs. Scottish law
The Mother country : England's shift from private to public prosecutions
Private prosecutors in America : from Colonial days to the early nineteenth century
Private prosecutions in state courts : from murder charges to petty misdemeanors
From private to public prosecutors : the professionalization of district attorneys' offices
Divided opinions and split decisions : jurisdictions outlawing vs. authorizing private prosecutors
The role of the prosecutor : prosecutorial ethics, the public interest, and doing justice
Private prosecution in America : a violation of due process and equal protection of the laws.
The Mother country : England's shift from private to public prosecutions
Private prosecutors in America : from Colonial days to the early nineteenth century
Private prosecutions in state courts : from murder charges to petty misdemeanors
From private to public prosecutors : the professionalization of district attorneys' offices
Divided opinions and split decisions : jurisdictions outlawing vs. authorizing private prosecutors
The role of the prosecutor : prosecutorial ethics, the public interest, and doing justice
Private prosecution in America : a violation of due process and equal protection of the laws.
Summary
"This book is the first comprehensive examination of a practice that dates back to the colonial era. Tracking its origins to medieval times and the English common law, the book shows how 'private prosecutors' were once a mainstay of early American criminal procedure. Private prosecutors-acting on their own behalf, as next of kin, or though retained counsel-initiated prosecutions, presented evidence in court, and sought the punishment of offenders. Until the rise and professionalization of public prosecutors' offices, private prosecutors played a major role in the criminal justice system, including in capital cases. After conducting a 50-state survey and recounting how some locales still allow private prosecutions by interested parties, the book argues that such prosecutions violate defendants' constitutional rights and should be outlawed"-- Provided by the publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Call Number
KF9640 .B47 2021
Language
English
ISBN
9781531020064 (hardback)
1531020062 (hardback)
9781531020071 (electronic book)
1531020062 (hardback)
9781531020071 (electronic book)
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