Arbitrary Justice: The Power of the American Prosecutor

Angela J. Davis

Apr 2007 · Oxford University Press

About this ebook

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.

Ratings and reviews

This book is horrible. This woman has no clue about anything. This book is race-baiting and given that she avoids meaningfully objective evidence, she proceeds to even avoid her own experiences as a public defender and handpick unique cases of racial and prosecutorial injustice across the nation rather than refer to cases in her own jurisdiction. She then has the nerve to claim say prosecutors should be objective, but then wants consistent monitoring for race and class purposes in filing, plea bargaining and sentencing phases. It just does not make sense, how is a prosecutor supposed to freely prosecute with someone watching over you at all times. Additionally, to highlight the race-baiting claims, this woman proceeds to use the Marion Berry case as an example of when the public should influence prosecutorial decisions. But, she says in earlier chapters how the public electorate should not influence a prosecutors decision to try cases. The book is poorly written, contradictory, and truly race-baiting. It is a shame Oxford Press would ruin their reputation publishing garbage like this. They may just as well have published Jerome Corsi's Obama Nation.

Excellent! I bought and read the book after hearing her speak at a Charles Houston Institute lecture series event. Jena Six got lots of attention but the work in Arbitrary Justice digs deep into the issue of prosecutor mismanagement and the role prosecutors play in the mass incarceration of Black and Brown people.

Brilliant

About the author

Angela J. Davis is Professor of Law at American University Washington College of Law. Prior to becoming a law professor, she was a public defender at the Public Defender Service for the District of Columbia for twelve years. She has appeared on various TV and radio programs, written op-eds for the Washington Post, and is often invited to speak to national legal organizations.