American Criminal Justice: An Introduction

by Frederick T. Davis

Overview

American criminal justice may be one of the best known - and most influential - systems of criminal justice in the world, but also the least understood: countless films and television series portray American police officers, prosecutors and lawyers, but over 95 percent of criminal matters result in guilty pleas, and trials are becoming vanishingly scarce as people accused of crime choose to strike a deal with increasingly powerful prosecutors. Sentencing 'reform' has led to a burgeoning prison population that is by far the highest among economically advanced countries. Meanwhile, American prosecutors have gained increasing (and largely unchecked) power to apply US criminal laws to worldwide corporations and individuals with little or no connection with the country. American Criminal Justice: An Introduction provides a readable, comprehensive review of the American criminal process behind these and other problems.

Product Details

ISBN-13:	9781108677035
Publisher:	Cambridge University Press
Publication date:	07/25/2019
Sold by:	Barnes & Noble
Format:	eBook
File size:	3 MB

About the Author

Frederick T. Davis is a Lecturer in Law at Columbia Law School, New York, where he teaches courses on comparative criminal procedures and cross-border criminal investigations. He was a federal prosecutor in the United States Attorney's Office for the Southern District of New York, and served as law clerk to Henry J. Friendly, Chief Judge of the United States Court of Appeals for the Second Circuit, and Potter Stewart, Justice of the Supreme Court of the United States. He is a member of the bars of New York and Paris, is an elected fellow of the American College of Trial Lawyers and a life member of the American Law Institute, and was named a chevalier of the National Order of Merit of France. He lectures frequently at the Ecole Nationale de la Magistrature, Paris 2, and the Universiteit van Amsterdam, co-chairs the Business Crime Committee of the International Bar Association, and has served as a consultant to the prosecutors of the International Criminal Court and the International Criminal Tribunal for Rwanda.

Table of Contents

1. Introduction; 2. The Federal structure: sources of the law; 3. Investigation and evidence gathering: the participants; 4. Investigation and evidence gathering procedures; 5. Arrest and pretrial detention; 6. The decision to prosecute, or not; 7. Joinder of charges and defendants; 8. Venue; 9. Assistance of counsel; 10. Trial rights and preparation for trial; 11. Alternative outcomes; 12. Double jeopardy; 13. The trial; 14. Sentencing; 15. Appeals; 16. Corporate criminal responsibility; 17. Internal corporate investigations; 18. Professional responsibility; 19. Conclusion.

Editorial Reviews

'American Criminal Justice provides a comprehensive yet readable insight into how the criminal process works in the United States. It will be an important resource for lawyers and other readers who wish to understand the distinctive features of the American approach to criminal justice.' Lord Goldsmith QC, Former Attorney General of the United Kingdom

'American Criminal Justice provides welcome clarity and insight, for practitioners and laymen alike, into the often-confusing American criminal justice system. This work will benefit all who endeavor to understand the process by which we seek justice.' Loretta Lynch, former Attorney General of the United States

'Frederick Davis has written a concise, readable, and comprehensive review of how criminal justice is practiced today in the United States. It will be very useful for readers unfamiliar with US procedures, as well as American readers interested in the state of criminal justice today.' Michael B. Mukasey, former Attorney General of the United States, and former Federal Judge

'Non-American lawyers often struggle to interpret the landscape of US criminal law. The estimable Frederick Davis has produced a strategic guide to that landscape that is pellucid, incisive, accessible, and most valuable.' David Green QC, former Director, Serious Fraud Office of the United Kingdom

'In an era of growing international and cross-border criminal investigations and enforcement, Frederick Davis' lucid and engaging new book should be every reader’s starting place for an introduction to the American system of criminal justice.' Brandon Garrett, L. Neil Williams, Jr. Professor of Law, Duke University, North Carolina, and author of Too Big to Jail

'American Criminal Justice offers a highly stimulating basis for comparative legal discussions. Due to its clear language and structure, it is valuable for students, practitioners, and scholars alike.' Carsten Momsen, Head of Department of Criminal Law, Criminal Procedural Law, and Corporate Criminal Law - Faculty of Law, Freie Universität Berlin

'American Criminal Justice provides an indispensable companion to foreign lawyers who do business in the United States, as well as for comparative academics: both audiences will learn how criminal justice actually works in America.' Antoine Garapon, Secretary General, Institut des Hautes Études sur la Justice, Paris

From the Publisher