The Evolving Role of the Public Prosecutor

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Author :
Publisher : Routledge
ISBN 13 : 042988494X
Total Pages : 430 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis The Evolving Role of the Public Prosecutor by : Victoria Colvin

Download or read book The Evolving Role of the Public Prosecutor written by Victoria Colvin and published by Routledge. This book was released on 2018-09-24 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Role of Public Prosecutors Outside the Criminal Justice System

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Author :
Publisher :
ISBN 13 : 9789287176707
Total Pages : 37 pages
Book Rating : 4.1/5 (767 download)

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Book Synopsis Role of Public Prosecutors Outside the Criminal Justice System by : Council of Europe

Download or read book Role of Public Prosecutors Outside the Criminal Justice System written by Council of Europe and published by . This book was released on 2014-02-17 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recommendation CM/Rec(2012)11 on the role of public prosecutors outside the criminal justice system complements Recommendation Rec(2000)19 on the role of public prosecution in the criminal justice system which was adopted in autumn 2000. Together these two recommendations set European standards for prosecutorial activities with a comprehensive set of principles defining the status, powers and practice of the public prosecution service for all areas of law in a modern democratic State. Whatever the nature of their responsibilities, whether they be criminal, civil, administrative law or other, it behooves public prosecutors to carry them out in full accordance with the rule of law, human rights and other principles which are fundamental to all democratic societies. This recommendation draws upon a number of sources as well as on the practice of the prosecution services of many Council of Europe member States that enjoy extensive powers outside the criminal justice system. A report, prepared in 2008 at the request of the Consultative Council of European Prosecutors (CCPE) of the Council of Europe, not only illustrated the diversity among legal systems but also showed that public prosecutors in most of the Council of Europe's 47 member States are vested with duties that extend beyond the criminal justice system of their countries. Such powers are based on the various branches of law, with the aim of protecting the public interest as well as the rights and legitimate interests of individuals, especially members of socially vulnerable population groups. Overall, the recommendation represents a step forward in strengthening the protection of human rights and fundamental freedoms, as the manner in which public prosecutors exercise their role, inside and outside the criminal justice system, is crucial to the protection of these rights and freedoms.

Core Concepts in Criminal Law and Criminal Justice

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108483399
Total Pages : 507 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Core Concepts in Criminal Law and Criminal Justice by : Kai Ambos

Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

The Politics of Court Reform

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Publisher : Cambridge University Press
ISBN 13 : 1108493467
Total Pages : 449 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Politics of Court Reform by : Melissa Crouch

Download or read book The Politics of Court Reform written by Melissa Crouch and published by Cambridge University Press. This book was released on 2019-09-19 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.

Public Prosecutors in the United States and Europe

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 3319045040
Total Pages : 381 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Public Prosecutors in the United States and Europe by : Gwladys Gilliéron

Download or read book Public Prosecutors in the United States and Europe written by Gwladys Gilliéron and published by Springer Science & Business Media. This book was released on 2014-04-14 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

ABA Standards for Criminal Justice

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Author :
Publisher :
ISBN 13 : 9781570737138
Total Pages : 151 pages
Book Rating : 4.7/5 (371 download)

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Book Synopsis ABA Standards for Criminal Justice by : American Bar Association

Download or read book ABA Standards for Criminal Justice written by American Bar Association and published by . This book was released on 1999-01-01 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.

What's Changing in Prosecution?

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Author :
Publisher : National Academies Press
ISBN 13 : 0309170915
Total Pages : 72 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis What's Changing in Prosecution? by : National Research Council

Download or read book What's Changing in Prosecution? written by National Research Council and published by National Academies Press. This book was released on 2001-05-23 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Arbitrary Justice

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Publisher : Oxford University Press
ISBN 13 : 0199884277
Total Pages : 264 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Arbitrary Justice by : Angela J. Davis

Download or read book Arbitrary Justice written by Angela J. Davis and published by Oxford University Press. This book was released on 2007-04-12 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when public prosecutors, the most powerful officials in the criminal justice system, seek convictions instead of justice? Why are cases involving well-to-do victims often prosecuted more vigorously than those involving poor victims? Why do wealthy defendants frequently enjoy more lenient plea bargains than the disadvantaged? In this eye-opening work, Angela J. Davis shines a much-needed light on the power of American prosecutors, revealing how the day-to-day practice of even the most well-intentioned prosecutors can result in unequal treatment of defendants and victims. Ranging from mandatory minimum sentencing laws that enhance prosecutorial control over the outcome of cases, to the increasing politicization of the office, Davis uses powerful stories of individuals caught in the system to demonstrate how the perfectly legal exercise of prosecutorial discretion can result in gross inequities in criminal justice. For the paperback edition, Davis provides a new Afterword which covers such recent incidents of prosecutorial abuse as the Jena Six case, the Duke lacrosse case, the Department of Justice firings, and more.

Model Rules of Professional Conduct

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Author :
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

United States Attorneys' Manual

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Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (191 download)

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Book Synopsis United States Attorneys' Manual by : United States. Department of Justice

Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Beyond Virtue and Vice

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Author :
Publisher : University of Pennsylvania Press
ISBN 13 : 0812295757
Total Pages : 360 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Beyond Virtue and Vice by : Alice M. Miller

Download or read book Beyond Virtue and Vice written by Alice M. Miller and published by University of Pennsylvania Press. This book was released on 2019-02-08 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, human rights as legal doctrine and practice has shifted its engagement with criminal law from a near exclusive condemnation of it as a source of harm toward increasingly invoking it as a necessary remedy for abuses. These shifts are most visible in the context of sexuality, reproduction, and gender. Criminal law appears in modern states as a tool for societies to define forbidden acts (crimes) and prescribe punishments. It authorizes the state to use force as an aspect of expressing and establishing norms—societal expectations for acceptable behavior which when breached permit individuals to be excluded and stigmatized as unfit for inclusion. But the core principles of human rights oppose exclusion and stigma and embrace the equality and dignity of all. Therefore there is an insuperable tension when human rights actors invoke criminal law to protect and vindicate human rights violations. Beyond Virtue and Vice examines the ways in which recourse to the criminal law features in work by human rights advocates regarding sexuality, gender, and reproduction and presents a framework for considering if, when, and under what conditions, recourse to criminal law is compatible with human rights. Contributors from a wide range of disciplinary fields and geographic locations offer historical and contemporary perspectives, doctrinal cautionary tales, and close readings of advocacy campaigns on the use of criminal law in cases involving abortion and reproductive rights, HIV/AIDS, sex work and prostitution law, human trafficking, sexual violence across genders, child rights and adolescent sexuality, and LGBT issues. The volume offers specific values and approaches of possible use to advocates, activists, policy makers, legislators, scholars, and students in their efforts to craft dialogue and engagement to move beyond state practices that compromise human rights in the name of restraining vice and extolling virtue. Contributors: Aziza Ahmed, Widney Brown, Sealing Cheng, Sonia Corrêa, Joanna N. Erdman, Janet Halley, Alli Jernow, Maria Lucia Karam, Ae-Ryung Kim, Scott Long, Vrinda Marwah, Alice M. Miller, Geetanijali Misra, Rasha Moumneh, Wanja Muguongo, Oliver Phillips, Zain Rizvi, Mindy Jane Roseman, Esteban Restrepo Saldarriaga, Tara Zivkovic.

The Oxford Handbook of Prosecutors and Prosecution

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Author :
Publisher : Oxford University Press
ISBN 13 : 0190905441
Total Pages : 696 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis The Oxford Handbook of Prosecutors and Prosecution by : Ronald F. Wright

Download or read book The Oxford Handbook of Prosecutors and Prosecution written by Ronald F. Wright and published by Oxford University Press. This book was released on 2021-04-30 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Machinery of Criminal Justice

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Publisher : Oxford University Press
ISBN 13 : 0195374681
Total Pages : 318 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis The Machinery of Criminal Justice by : Stephanos Bibas

Download or read book The Machinery of Criminal Justice written by Stephanos Bibas and published by Oxford University Press. This book was released on 2012-04-26 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Machinery of Criminal Justice explores the transformation of the criminal justice system and considers how criminal justice could better accommodate lay participation, values, and relationships.

The Changing Role of the American Prosecutor

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Publisher : State University of New York Press
ISBN 13 : 0791477614
Total Pages : 295 pages
Book Rating : 4.7/5 (914 download)

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Book Synopsis The Changing Role of the American Prosecutor by : John Worrall

Download or read book The Changing Role of the American Prosecutor written by John Worrall and published by State University of New York Press. This book was released on 2014-03-14 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looks at how prosecution of offenders is evolving in the contemporary legal milieu.

The Prosecutor

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Author :
Publisher : SAGE Publications, Incorporated
ISBN 13 :
Total Pages : 290 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Prosecutor by : William F. McDonald

Download or read book The Prosecutor written by William F. McDonald and published by SAGE Publications, Incorporated. This book was released on 1979-08 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Power of the Prosecutor

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Author :
Publisher : Praeger
ISBN 13 : 1440842183
Total Pages : 0 pages
Book Rating : 4.4/5 (48 download)

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Book Synopsis The Power of the Prosecutor by : Joan E. Jacoby

Download or read book The Power of the Prosecutor written by Joan E. Jacoby and published by Praeger. This book was released on 2016-01-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The role of public prosecutors outside the criminal justice system - Recommendation CM/Rec(2012)11 and explanatory memorandum

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Author :
Publisher : Council of Europe
ISBN 13 : 9287179646
Total Pages : 37 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis The role of public prosecutors outside the criminal justice system - Recommendation CM/Rec(2012)11 and explanatory memorandum by : Council of Europe

Download or read book The role of public prosecutors outside the criminal justice system - Recommendation CM/Rec(2012)11 and explanatory memorandum written by Council of Europe and published by Council of Europe. This book was released on 2014-01-01 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recommendation CM/Rec(2012)11 on the role of public prosecutors outside the criminal justice system complements Recommendation Rec(2000)19 on the role of public prosecution in the criminal justice system which was adopted in autumn 2000. Together these two recommendations set European standards for prosecutorial activities with a comprehensive set of principles defining the status, powers and practice of the public prosecution service for all areas of law in a modern democratic State. Whatever the nature of their responsibilities, whether they be criminal, civil, administrative law or other, it behooves public prosecutors to carry them out in full accordance with the rule of law, human rights and other principles which are fundamental to all democratic societies. This recommendation draws upon a number of sources as well as on the practice of the prosecution services of many Council of Europe member States that enjoy extensive powers outside the criminal justice system. A report, prepared in 2008 at the request of the Consultative Council of European Prosecutors (CCPE) of the Council of Europe, not only illustrated the diversity among legal systems but also showed that public prosecutors in most of the Council of Europe’s 47 member States are vested with duties that extend beyond the criminal justice system of their countries. Such powers are based on the various branches of law, with the aim of protecting the public interest as well as the rights and legitimate interests of individuals, especially members of socially vulnerable population groups. Overall, the recommendation represents a step forward in strengthening the protection of human rights and fundamental freedoms, as the manner in which public prosecutors exercise their role, inside and outside the criminal justice system, is crucial to the protection of these rights and freedoms.