Powers Of The Prosecutor In Criminal Investigation
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Powers Of The Prosecutor In Criminal Investigation
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Author : Karolina Kremens
language : en
Publisher: Routledge
Release Date : 2021-03-26
Powers Of The Prosecutor In Criminal Investigation written by Karolina Kremens and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-26 with Law categories.
This comparative analysis examines the scope of prosecutorial powers at different phases of criminal investigation in four countries: the United States, Italy, Poland, and Germany. Since in all four the number of criminal cases decided without trial is constantly increasing, criminal investigation has become central in the criminal process. The work asks: who should be in charge of this stage of the process? Prosecutors have gained tremendous powers to influence the outcome of the criminal cases, including powers once reserved for judges. In a system in which the role of the trial is diminishing and the significance of criminal investigation is growing, this book questions whether the prosecutor's powers at the early stage of the process should be enhanced. Using a problem-oriented approach, the book provides a parallel analysis of each country along five possible spheres of prosecutorial engagement: commencing criminal investigation; conducting criminal investigation, undertaking initial charging decisions; imposing coercive measures; and discontinuing criminal investigation. Using the competing adversarial–inquisitorial models as a framework, the focus is on the prosecutor as a crucial figure in the criminal process and investigation. The insights of this book will be of interest and relevance to students and academics in criminal justice, criminology, law, and public policy, as well as policymakers, government officials, and others interested in legal reform.
The Prosecutor In Transnational Perspective
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Author : Erik Luna
language : en
Publisher: Oxford University Press
Release Date : 2012-09-27
The Prosecutor In Transnational Perspective written by Erik Luna and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-27 with Law categories.
In this book, Erik Luna and Marianne Wade examine the considerable powers of the American prosecutor and look abroad in order to learn valuable lessons from a transnational examination of prosecutorial authority. They explore parallels and distinctions in the processes available to and decisions made by prosecutors in the United States and Europe. Through the varied topics covered by the contributors on both sides of the Atlantic, they demonstrate how the enhanced role of the prosecutor represents a crossroads for criminal justice with weighty legal and socio-economic consequences.
Coping With Overloaded Criminal Justice Systems
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Author : Jörg-Martin Jehle
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-11-22
Coping With Overloaded Criminal Justice Systems written by Jörg-Martin Jehle and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-11-22 with Law categories.
This book describes the results of a six-nation study of how criminal justice agencies in England and Wales, France, Germany, Netherlands, Poland, and Sweden have reacted to high crime rates and punitiveness. The book details how various solutions have been adopted, involving diversion of cases from courts, increases in financial penalties imposed by police or prosecutors without full court hearings and the introduction in some countries of "administrative offences".
The Power Of The Prosecutor
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Author : Joan E. Jacoby
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2016-01-11
The Power Of The Prosecutor written by Joan E. Jacoby and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-11 with Law categories.
In this book, readers will take a fascinating journey with local prosecutors as they seek to obtain reasonable and appropriate case dispositions while preventing abuse and misuse of the law and protecting the civil rights of their jurisdictions. Prosecutors have a powerful and generally little-understood role in the criminal justice system. Their important powers include accepting or rejecting cases, making decisions about dismissing charges, or moving cases to disposition and recommending a sentence—all of which can critically affect not only individuals but society through their ability to shape our criminal justice system. The Power of the Prosecutor: Gatekeepers of the Criminal Justice System explores the real-world actions and outcomes of local prosecutors through five well-known cases, documenting the variety of pressures prosecutors face both within and outside their offices as they attempt to make the best decisions about crimes and defendants. Written by individuals who have actively engaged prosecutors in practically every U.S. state over 30 years' time, the book examines actual case profiles that enable readers to witness how prosecutors reach their behind-the-scenes decisions and grasp how the criminal justice system operates. The authors explain the variations in prosecution, including the effects of policies and priorities, action choices available, and the types of both internal and external relationships with other participants in the system: the police, the courts, the defense counsel, and the community they represent. Readers will come away with in-depth knowledge and understanding of the complexities and pressures faced by prosecutors in upholding justice under a wide variety of conditions.
Public Prosecutors In The United States And Europe
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Author : Gwladys Gilliéron
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-04-14
Public Prosecutors In The United States And Europe written by Gwladys Gilliéron and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-14 with Law categories.
This research examines the role of prosecutors within the United States and in Switzerland and is completed by an overview of the prosecution institutions in France and Germany. The research recognizes that despite seemingly very different legal traditions and structures, prosecutors in these systems are similar enough that each system might learn from the others. Drawing upon the experiences of other nations, this research proposes solutions to the problems identified in connection with the position and powers of public prosecutors in the United States. Furthermore, it outlines the problems related to the increase of prosecutorial power and the lessons the European criminal justice systems surveyed can draw from the experience in the US. In terms of methodology, this research not only considers formal legal provisions but also systematic structural factors, academic literature and statistics revealing how the law and governing principles actually work in practice.
Tasks And Powers Of The Prosecution Services In The Eu Member States
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Author : P. J. P. Tak
language : en
Publisher:
Release Date : 2004-01
Tasks And Powers Of The Prosecution Services In The Eu Member States written by P. J. P. Tak and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01 with Civil rights categories.
This publication is the outcome of a project commissioned by the Dutch Board of Prosecutors General. The aim of the project is to examine the tasks and powers of prosecution services in EU Member States. The national reports have been written by public prosecutors, law professors, and other academics who have produced a scholarly analysis of these tasks and powers in theory and practice. Each country report deals with the relations between the public prosecutor, the police and the Minister of Justice, and describes the roles of the public prosecutor both in court and as regards the implementation of sanctions. To allow for a comparison of results, in as far as possible, the country reports follow a uniform format.
The Accusation Model Before The International Criminal Court
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Author : Hanna Kuczyńska
language : en
Publisher: Springer
Release Date : 2015-05-07
The Accusation Model Before The International Criminal Court written by Hanna Kuczyńska and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-07 with Law categories.
This book examines how the functioning of the International Criminal Court has become a forum of convergence between the common law and civil law criminal justice systems. Four countries were selected as primary examples of these two legal traditions: the United States, England and Wales, Germany and Poland. The first layer of analysis focuses on selected elements of the model of accusation that are crucial to the model adopted by the ICC. These are: development of the notion of the prosecutor’s independence in view of their ties to the countries and the Security Council; the nature and limits of the prosecutor’s discretional powers to initiate proceedings before the ICC; the reasons behind the prosecutor’s choice of both defendants and charges; the role the prosecutor plays in the procedure of disclosure of evidence and consensual termination of proceedings; and the determinants of the model of accusation used during trial and appeal proceedings. The second layer of the book consists in an analysis of the motives behind applying particular solutions to create the model of accusation before the ICC. It also shows how the model of accusation gradually evolved in proceedings before the military and ad hoc tribunals: ICTY and ICTR. Moreover, the question of compatibility of procedural institutions is addressed: In what ways does adopting a certain element of criminal procedure, e.g. discretional powers of the prosecutor to initiate criminal proceedings, influence the remaining procedural elements, e.g. the existence of the dossier of a case or the powers of a judge to change the legal classification of the criminal behavior appearing in the indictment?
What S Changing In Prosecution
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Author : National Research Council
language : en
Publisher: National Academies Press
Release Date : 2001-05-23
What S Changing In Prosecution written by National Research Council and has been published by National Academies Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-05-23 with Law categories.
This workshop arose out of the efforts of the Committee on Law and Justice to assist the National Institute of Justice in identifying gaps in the overall research portfolio on crime and justice. It was designed to develop ideas about the kinds of knowledge needed to gain a better understanding of the prosecution function and to discuss the past and future role of social science in advancing our understanding of modern prosecution practice. The Committee on Law and Justice was able to bring together senior scholars who have been working on this subject as well as current or former chief prosecutors, judges, and senior officials from the U.S. Department of Justice to share their perspectives. Workshop participants mapped out basic data needs, discussed the need to know more about recent innovations such as community prosecution, and discussed areas where one would expect to see changes that have not occurred. The resulting report summarizes these discussions and makes useful suggestions for learning more about prosecution.
Reform And Development Of Powers And Functions Of China S Criminal Proceedings
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Author : Weidong Chen
language : en
Publisher: Springer Nature
Release Date : 2020-10-15
Reform And Development Of Powers And Functions Of China S Criminal Proceedings written by Weidong Chen and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-15 with Law categories.
This book addresses the basic theory of criminal procedure in China, together with recent reforms. Balancing the powers of public security and judicial organs with the rights of individual citizens, it assesses the nature of Chinese criminal proceedings. In the basic theoretical research section, the author, drawing on the latest findings from the legal community, systematically and comprehensively presents the current trends, main research topics and the main problems that should be explored in future research into criminal procedure law in China; further, the author explains the basic thinking behind the revision of criminal procedure law, and the allocation of judicial resources in criminal procedure and criminal justice. The policy, basic theory and operation problems of judicial power, procuratorial power, police power, defense power and judicial reform are subsequently explained and evaluated. The general writing style used is intentionally straightforward, making the book easily accessible for the readers. Based on the author’s substantial working experience in the area of criminal law, it offers a highly intuitive reading experience.
The Oxford Handbook Of Prosecutors And Prosecution
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Author : Ronald F. Wright
language : en
Publisher: Oxford University Press
Release Date : 2021-04-30
The Oxford Handbook Of Prosecutors And Prosecution written by Ronald F. Wright and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-30 with Law categories.
The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric and heightened fear of crime among voters; legislatures' embrace of extreme sentencing ranges to respond to such concerns; and the uncertain or limited accountability of prosecutors to the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial behaviour and the institutional structures that frame their behavior. The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial strategies and priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field.