The Prosecutor In Transnational Perspective
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The Prosecutor In Transnational Perspective
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Author : Erik Luna
language : en
Publisher: Oxford University Press
Release Date : 2012-08-20
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 2012-08-20 with Law categories.
The American prosecutor plays a powerful role in the judicial system, wielding the authority to accept or decline a case, choose which crimes to allege, and decide the number of counts to charge. These choices, among others, are often made with little supervision or institutional oversight. This prosecutorial discretion has prompted scholars to look to the role of prosecutors in Europe for insight on how to reform the American system of justice. In The Prosecutor in Transnational Perspective, Erik Luna and Marianne Wade, through the works of their contributors coupled with their own analysis, demonstrate that valuable lessons can be learned from a transnational examination of prosecutorial authority. They examine both parallels and distinctions in the processes available to and decisions made by prosecutors in the United States and Europe. Ultimately, they demonstrate how the enhanced role of the prosecutor represents a crossroads for criminal justice with weighty legal and socio-economic consequences.
The Prosecutor In Transnational Perspective
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Author :
language : en
Publisher:
Release Date : 2012
The Prosecutor In Transnational Perspective written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Criminal investigation categories.
"The American prosecutor plays a powerful role in the judicial system, wielding the authority to accept or decline a case, choose which crimes to allege, and decide the number of counts to charge. These choices, among others, are often made with little supervision or institutional oversight. This prosecutorial discretion has prompted scholars to look to the role of prosecutors in Europe for insight on how to reform the American system of justice. In The Prosecutor in Transnational Perspective, Erik Luna and Marianne Wade, through the works of their contributors coupled with their own analysis, demonstrate that valuable lessons can be learned from a transnational examination of prosecutorial authority. They examine both parallels and distinctions in the processes available to and decisions made by prosecutors in the United States and Europe. Ultimately, they demonstrate how the enhanced role of the prosecutor represents a crossroads for criminal justice with weighty legal and socio-economic consequences"--Provided by publisher.
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.
Prosecutors And Democracy
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Author : Máximo Langer
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26
Prosecutors And Democracy written by Máximo Langer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-26 with Law categories.
The first sustained, scholarly examination of the relationship between prosecutors and democracy from a cross-national, cross-disciplinary perspective. Written by a team of internationally distingushed contributors, this is an ideal resource for legal scholars and reformers, political philosophers, and social scientists.
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 Evolving Role Of The Public Prosecutor
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Author : Victoria Colvin
language : en
Publisher: Routledge
Release Date : 2018-09-24
The Evolving Role Of The Public Prosecutor written by Victoria Colvin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-24 with Social Science categories.
The modern public prosecutor is a figure both powerful and enigmatic. Legal scholars and criminologists often identify “three essential components” of criminal justice systems: police, courts and corrections. Yet increasingly, the public prosecutor occupies a distinct role independent from any of these branches. Acting outside of the court, and therefore largely out of the public eye, the prosecutor’s control over whether and what charges proceed to court can limit judicial discretion on sentencing, open pathways to alternative measures and even deny entry into the criminal justice system entirely. In this sense the prosecutor serves as a true “gatekeeper” to the criminal process. This book addresses key aspects of the evolving role of domestic and international prosecutors in common law and civil law systems in the twenty-first century, and the challenges posed by this evolution. This collection of chapters from respected scholars takes an international, comparative approach and explores how these different legal systems have borrowed theorisations and articulations of the prosecutorial role from each other in adapting the office to changing conditions and expectations. The volume is structured around four main themes relating to the role of the modern prosecutor: the nature of the prosecutor’s office, the role of the prosecutor in investigations, prosecutorial discretion and how it is exercised, and politicisation and accountability of prosecutors. This book is essential for scholars and students in criminal justice, pre-law/legal studies, criminology, justice studies and political science, and is useful as a resource for those interested in legal change around the world.
Prosecuting Crime In The Public Interest
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Author : Kellie Toole
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-07-25
Prosecuting Crime In The Public Interest written by Kellie Toole and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-25 with Law categories.
This book provides the first detailed analysis of the decision to prosecute made by the statutory Australian Offices of Director of Prosecution. It examines the system of prosecution as part of the executive branch of government, and the role and challenges of the individual prosecutors who make decisions within the system. It explores the tension between prosecutorial independence and prosecutorial accountability, and the paradox that political involvement in prosecutions is necessary for accountability and to uphold the public interest, but can compromise independence. The book makes a unique contribution to both Australian criminal law scholarship and to the international literature on criminal prosecution, by drawing on the sub-disciplines of criminal law and administrative law. It includes case studies on prosecuting child sexual abuse, rape, and government espionage, and comparisons with common law and civil law countries including the USA, the UK, Italy and South Africa.
Comparative International And Global Justice
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Author : Cyndi Banks
language : en
Publisher: SAGE Publications
Release Date : 2015-09-23
Comparative International And Global Justice written by Cyndi Banks and has been published by SAGE Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-23 with Law categories.
Comparative, International and Global Justice: Perspectives from Criminology and Criminal Justice presents and critically assesses a wide range of topics relevant to criminology, criminal justice and global justice. The text is divided into three parts: comparative criminal justice, international criminology, and transnational and global criminology. Within each field are located specific topics which the authors regard as contemporary and highly relevant and that will assist students in gaining a fuller appreciation of global justice issues. Authors Cyndi Banks and James Baker address these complex global issues using a scholarly but accessible approach, often using detailed case studies. The discussion of each topic is a comprehensive contextualized account that explains the social context in which law and crime exist and engages with questions of explanation or interpretation. The authors challenge students to gain knowledge of international and comparative criminal justice issues and think about them in a critical manner. It has become difficult to ignore the global and international dimensions of criminal justice and criminology and this text aims to enhance criminal justice education by focusing on some of the issues engaging criminology worldwide, and to prepare students for a future where fields of study like transnational crime are unexceptional.
The Oxford Handbook Of Criminal Law
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Author : Markus Dirk Dubber
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
The Oxford Handbook Of Criminal Law written by Markus Dirk Dubber and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field, The Oxford Handbook of Criminal Law takes a broad approach to its subject matter - disciplinarily, geographically, and systematically.
The Construction Of Guilt In China
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Author : Yu Mou
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-04-02
The Construction Of Guilt In China written by Yu Mou and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-02 with History categories.
Drawing on insights from the author's own empirical data obtained from systematic observation of the daily routines within Chinese criminal justice institutions, this ground-breaking book examines the functional deficiency of the criminal justice system in preventing innocent individuals from being wrongly accused and convicted. Set within a broad socio-legal context, it outlines the strategic interrelationships between key legal actors, the deep-seated legal culture embedded in practice, the deficiency of integrity of the system and the structural injustices that follow. The author traces criminal case files in the criminal process – how they are constructed, scrutinised and used to dispose of cases and convict defendants in lieu of witnesses' oral testimony. This book illustrates that the Chinese criminal justice system as a state apparatus of social control has been framed through performance indicators, bureaucratic management and the central value of collectivism in such a way as to maintain the stability of the authoritarian power. The Construction of Guilt in China will appeal to academics, researchers, policy advisers and practitioners working in the areas of criminal law, comparative criminal justice, criminology and Chinese studies. Winner of the 2020 SLS Peter Birks Prize for Outstanding Legal Scholarship.