front cover of Crime and Justice, Volume 41
Crime and Justice, Volume 41
Prosecutors and Politics: A Comparative Perspective
Edited by Michael Tonry
University of Chicago Press Journals, 2012

Prosecutors are powerful figures in any criminal justice system. They decide what crimes to prosecute, whom to pursue, what charges to file, whether to plea bargain, how aggressively to seek a conviction, and what sentence to demand. In the United States, citizens can challenge decisions by police, judges, and corrections officials, but courts keep their hands off the prosecutor. Curiously, in the United States and elsewhere, very little research is available that examines this powerful public role. And there is almost no work that critically compares how prosecutors function in different legal systems, from state to state or across countries. Prosecutors and Politics begins to fill that void.

Police, courts, and prisons are much the same in all developed countries, but prosecutors differ radically. The consequences of these differences are enormous: the United States suffers from low levels of public confidence in the criminal justice system and high levels of incarceration; in much of Western Europe, people report high confidence and support moderate crime control policies; in much of Eastern Europe, people’s perceptions of the law are marked by cynicism and despair. Prosecutors and Politics unpacks these national differences and provides insight into this key area of social control.

Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure.

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front cover of Justice and Science
Justice and Science
Trials and Triumphs of DNA Evidence
George "Woody" Clarke
Rutgers University Press, 2007

Databases of both convicted offenders and no-suspect cases demonstrate the power of DNA testing to solve the unsolvable. George “Woody” Clarke is a leading authority in legal circles and among the news media because of his expertise in DNA evidence. In this memoir, Clarke chronicles his experiences in some of the most disturbing and notorious sexual assault and murder court cases in California. He charts the beginnings of DNA testing in police investigations and the fight for its acceptance by courts and juries. He illustrates the power of science in cases he personally prosecuted or in which he assisted, including his work with the prosecution team in the trial of O. J. Simpson.

Clarke also covers cases where DNA evidence was used to exonerate. He directed a special project in San Diego County, proactively examining over six hundred cases of defendants convicted and sentenced to prison before 1993, with the goal of finding instances in which DNA typing might add new evidence and then offered testing to those inmates.

As Clarke tells the story of how he came to understand and use this new form of evidence, readers will develop a new appreciation for the role of science in the legal system.

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Last Gangster in Austin
Frank Smith, Ronnie Earle, and the End of a Junkyard Mafia
Jesse Sublett
University of Texas Press, 2021

Ronnie Earle was a Texas legend. During his three decades as the district attorney responsible for Austin and surrounding Travis County, he prosecuted corrupt corporate executives and state officials, including the notorious US congressman Tom DeLay. But Earle maintained that the biggest case of his career was the one involving Frank Hughey Smith, the ex-convict millionaire, alleged criminal mastermind, and Dixie Mafia figure.

With the help of corrupt local authorities, Smith spent the 1970s building a criminal empire in auto salvage and bail bonds. But there was one problem: a rival in the salvage business threatened his dominance. Smith hired arsonists to destroy the rival; when they botched the job, he sent three gunmen, but the robbery they planned was a bloody fiasco. Investigators were convinced that Smith was guilty, but many were skeptical that the newly elected and inexperienced Earle could get a conviction. Amid the courtroom drama and underworld plots the book describes, Willie Nelson makes a cameo. So do the private eyes, hired guns, and madams who kept Austin not only weird but also riddled with vice. An extraordinary true story, Last Gangster in Austin paints an unusual picture of the Texas capital as a place that was wild, wonderful, and as crooked as the dirt road to paradise.

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front cover of Scoundrels to the Hoosegow
Scoundrels to the Hoosegow
Perry Mason Moments and Entertaining Cases from the Files of a Prosecuting Attorney
Morley Swingle
University of Missouri Press, 2007

I closed my direct examination of narcotics officer Bill Bohnert by asking, "Detective Bohnert, do you see in the courtroom today the man we just saw on the tape, selling the crack cocaine to Darren Bullard?"

            Bohnert pointed to Robert Funt.

            "He's right there. . . ."

            I heard laughter in the courtroom. I glanced at the defendant, who had dutifully raised his hand.

            The prisoners seated behind him were laughing. They recognized a Perry Mason moment when they saw one. 

            Bohnert continued, "He's the one with his hand raised in the air."

            It has been said that the public prosecutor has more power over life, liberty, and reputation than any other person—a daunting proposition, but perhaps less intimidating when that official’s perspective is tempered by humor and compassion.

            In Scoundrels to the Hoosegow, a veteran prosecutor who is also a consummate storyteller shares more than thirty entertaining legal stories drawn from real life, re-creating, with verve and wit, villains, heroes, and ordinary citizens. In cases both tragic and hilarious, Morley Swingle offers a behind-the-scenes look at the justice system, taking readers from the scene of the crime to the courtroom as he explores the worlds of judges, attorneys, police officers, and criminals.

            Informed by a deep appreciation of Mark Twain, Swingle aims to do for his profession what Clemens did for riverboat piloting. He leads readers on an enjoyable romp through crime and punishment, while offering a clear exposition of legal points—from the subtleties of cross-examination to the role of plea bargaining.

            In cases ranging from indecent exposure to conspiracy to commit murder, Swingle considers the fine line between pornography and obscenity and discusses sensitive issues surrounding first-degree murder and the death penalty. Whether describing a drunken but well-meaning probationer who frees the dogs on “death row” or the woman who tries to hire a reluctant hit man to dispose of her husband, he combines true crime and legal analysis with a healthy dose of humor—and shares the occasional “Perry Mason moment” in which a trial dramatically shifts direction.

            Not since the author of Anatomy of a Murder, Robert Traver,  wrote Small Town D.A. fifty years ago has an American prosecutor penned such a candid, revealing, and funny account of the job—an altogether satisfying book that sentences the reader to many hours of enjoyment.

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