What's Changing in Prosecution? Report of a Workshop (2001) / Chapter Skim
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1 Introduction
1 Introduction
Pages 1-6
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Both Emile Durkheim (196411 and lames Fitzjames Stephen (188312 have argued that the effect of a just result on common morality and social control was the important part of criminal punishment. Second, the prosecutor was to impose an independent judgement between arrest and prosecution.
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It has also become extremely common for prosecutors to develop specialized units intended to address some form of wrongful behavior that has become too common and therefore requires special attention to be stopped, such as drunken driving or welfare fraud. And there has been an increasing use by prosecutors of a variety of civil remedies such as asset forfeiture or eviction orders for drug dealers.
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Surely, public opposition is not much of a check at a time when elected prosecutors see their popularity tied to the strength of their image as crime fighters. The paucity of research on the prosecutor's function makes it very difficult to answer these kinds of questions.3 Despite their pivotal position in the criminal justice system, prosecutors have been largely ignored in both the social science and the legal literature.
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Four senior scholars were commissioned to write papers in advance to pull together research findings reflecting the workshop's goals. Equally capable discussants for each paper were drawn from both academe and practice, to bring the best of social science research to bear on prosecution related issues, and to ground the discussion in real world concerns (the workshop agenda and the list of participants can be found in Appendixes A and B)
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Perspectives on prosecution research ancl practice varied wiclely. There were differences among participants about the value of standard social science approaches ancl their ability to capture appropriately ancl accurately the full range of prosecution activities ancl experience, especially given the ways in which factors outside of a prosecutor's control
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From page 6... ...
Workshops are not designed to review past research, but rather to gain insights from the collective knowledge of experts although this report draws on the criminal justice literature where it adds to the discussion. Participants focused on what has changed in prosecution recently and on what social science can tell us about those changes.
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