Crime & Delinquency · 1984 · 24 citations · 18 references
LawCriminal LawCriminologyCrimeCriminal ProcedurePenologyCriminal JusticeCriminal Justice SystemsCriminal Law HistoryCriminal ProsecutionsJury TrialPlea BargainingCriminal Justice PoliticsHistory Of Criminal CourtsHistory Of Prosecutorial PowerJury Trial Procedure HistoryLegal Professional CulturePlea Bargaining HistoryPrivate JusticeProsecution Processes
Despite the general assumption that the gates of the American criminal justice process have always been guarded by public prosecutors, an examination of the case law and social history of criminal prosecution suggests a much more complex transformation of American criminal justice from an eighteenth and early ninteenth century system dominated by private prosecution. In Philadelphia, this system of private prosecution kept most of the power over the disposition of a criminal case in the hands of the private litigants and petty magistrates, generated a highly articulated legal culture, and resulted in relatively few jury trials. The assumption of power by the district attorney during the last third of the nineteenth century emerged from the internal contradictions of this system, but it amounted to a transformation from one form of nontrial descretionary justice to another.
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The Prosecutor's Role in Plea Bargaining
Albert W. Alschuler · The University of Chicago Law Review · 1968 · 286 citations
Law, Criminal Law, Criminology +11
Plea Bargaining and Its History
Albert W. Alschuler · Columbia Law Review · 1979 · 157 citations
Law, Criminal Law, Criminology +17
Plea Bargaining and its History
Albert W. Alschuler · Law & Society Review · 1979 · 109 citations
Law, Criminal Law, Criminology +17
The American Prosecutor: A Search for Identity
Joan E. Jacoby · Michigan Law Review · 1981 · 105 citations · Full text