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The German Prosecution Service
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Book Synopsis The German Prosecution Service by : Shawn Marie Boyne
Download or read book The German Prosecution Service written by Shawn Marie Boyne and published by Springer Science & Business Media. This book was released on 2013-11-19 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acclaimed as the "the most objective prosecutors in the world", the German prosecution service has long attracted the attention in the past of comparative law scholars. At first glance, the institutional position and statutory mandate of German prosecutors indicate that that reputation is well-deserved. Unfortunately, the introduction of charge-bargaining has opened the door to criticism that German prosecutors have abandoned their role of objective decision-makers. Using interview data collected from interviews with German prosecutors themselves as well as quantitative data, the book uses the actual voices of German prosecutors to show how real-world constraints, rather than changes in the law, undermine the ability of German prosecutors to objectively seek the truth. The book will take readers behind closed doors where prosecutors discuss case decisions and unveil the realities of practice. As a result, it will critically revise previous studies of German prosecution practices and offer readers a well-researched ethnographic analysis of actual German decision-making practices and the culture of the prosecution service. Unlike prosecutors in America's adversarial system, whom critics claim are driven by a "conviction-mentality" and gamesmanship, German prosecutors are institutionally positioned to function as (at least semi-)judicial officials dedicated to finding a case's objective truth. The book argues that, organizational incentives and norms, rather than the boundaries of the law determinately shapes how prosecutors investigate and prosecute crime in Germany.
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.
Book Synopsis German Code of Criminal Procedure by : ANONIMO
Download or read book German Code of Criminal Procedure written by ANONIMO and published by Fred B Rothman & Company. This book was released on 1965-12 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Goes beyond a mere literal translation of the code of criminal procedure by supplying the reader with relevant provisions of the German Constitution and from the Court of Organization Law. In addition, numerous comments to individual sections have been added by the translator.
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.
Book Synopsis Law, History, and Justice by : Annette Weinke
Download or read book Law, History, and Justice written by Annette Weinke and published by Berghahn Books. This book was released on 2018-12-17 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the nineteenth century, the development of international humanitarian law has been marked by complex entanglements of legal theory, historical trauma, criminal prosecution, historiography, and politics. All of these factors have played a role in changing views on the applicability of international law and human-rights ideas to state-organized violence, which in turn have been largely driven by transnational responses to German state crimes. Here, Annette Weinke gives a groundbreaking long-term history of the political, legal and academic debates concerning German state and mass violence in the First World War, during the National Socialist era and the Holocaust, and under the GDR.
Book Synopsis Prosecuting Crime in the Renaissance by : John H. Langbein
Download or read book Prosecuting Crime in the Renaissance written by John H. Langbein and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our present system of criminal prosecution originated in England in the sixteenth century. Langbein traces its development, which was at its most intense during the reign of Queen Mary. He shows how the common law developed a system of official investigation and prosecution that incorporated the medieval institution of the jury trial. He places equal emphasis on the role of the justices of the peace as public prosecutors. The second half of the book compares the English system with those of the Holy Roman Empire (Germany) and France. He concludes by refuting the popular opinion that the English were strongly indebted to continental models. "This is an excellent work of scholarship, exhibiting wide research, erudition and analytical ability." --Joseph H. Smith, Harvard Law Review 88 (1974-1975) 485 JOHN LANGBEIN is Sterling Professor of Law and Legal History at Yale Law School. He has held academic positions at Stanford University, Oxford University, the Max-Planck-Institut für Europäische Rechtsgeschichte and the Max-Planck-Institut für Ausländisches und Internationales Strafrecht. Langbein is a member of the American Academy of Arts and Sciences, the International Academy of Comparative Law, the International Association of Procedure Law, and other organizations in the fields of legal history and comparative law. Some of his most distinguished publications and articles include History of the Common Law: The Development of Anglo-American Legal Institutions (2009), Torture and the Law of Proof: Europe and England in the Ancient Regime (1977), and "The Supreme Court Flunks Trusts," Supreme Court Review (1991).
Book Synopsis Powers of the Prosecutor in Criminal Investigation by : Karolina Kremens
Download or read book Powers of the Prosecutor in Criminal Investigation written by Karolina Kremens and published by Routledge. This book was released on 2021-03-26 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Coping with Overloaded Criminal Justice Systems by : Jörg-Martin Jehle
Download or read book Coping with Overloaded Criminal Justice Systems written by Jörg-Martin Jehle and published by Springer Science & Business Media. This book was released on 2006-11-22 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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".
Book Synopsis Prosecutors and Democracy by : Máximo Langer
Download or read book Prosecutors and Democracy written by Máximo Langer and published by Cambridge University Press. This book was released on 2017-10-26 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the relationship between prosecutors and democracy, this volume throws light on key questions about prosecutors and the role they should play in liberal self-government. Internationally distinguished scholars discuss how prosecutors can strengthen democracy, how they sometimes undermine it, and why it has proven so challenging to hold prosecutors accountable while insulating them from politics. The contributors explore the different ways legal systems have addressed that challenge in the United States, the United Kingdom, and continental Europe. Contrasting those strategies allows an assessment of their relative strengths - and a richer understanding of the contested connections between law and democratic politics. Chapters are in explicit conversation with each other, facilitating comparison and deepening the analysis. This is an important new resource for legal scholars and reformers, political philosophers, and social scientists.
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 296 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.
Book Synopsis Principles of German Criminal Procedure by : Michael Bohlander
Download or read book Principles of German Criminal Procedure written by Michael Bohlander and published by Bloomsbury Publishing. This book was released on 2021-04-22 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of this seminal text outlines the fundamental aspects of the German approach to criminal procedure. It explores a wide range of issues from setting out the basic procedural principles to presenting the main players in the criminal justice system, pre-trial investigations, the path from indictment to trial judgment, rules of evidence, sentencing, and appeals and post-conviction review. As far as it is useful for an introductory text, the differences between proceedings against adults and juveniles are highlighted. The theoretical discussion of decision-making and style of judgment writing is supported by practical insights through specimen translations of an indictment, a trial judgment and an appellate judgment by the Federal Court of Justice.
Download or read book The German Criminal Code written by and published by Bloomsbury Publishing. This book was released on 2008-07-03 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: German substantive criminal law has been influential in many civil law countries, most notably in the Hispanic world. In the common law countries, not surprisingly because of the systemic differences in approach, its impact has been much less, if not negligible. This may be largely explained as a result of the language barrier. An up-to-date and reliable English translation of the German Criminal Code has been conspicuously missing for some time. This book presents a new English translation of the Strafgesetzbuch, (the Criminal Code), in its most recent amended form of August 2007. The Code is the centrepiece of German substantive criminal law and informs the interpretation and application of any other criminal provisions which can be found in specific legislation. The translation thus affords an opportunity to profit from a legal tradition that has had a major influence over history and has a rich experience of doctrinal analysis. The translation adheres as closely as possible to the textual structure of the original, but has been made palatable to an English ear. It is intended as a companion to the author's Principles of German Criminal Law which was published in December 2008. Please click on the link below for further details. www.hartpub.co.uk/books/details.asp?isbn=9781841136301.
Book Synopsis The Role of the Cyprus Attorney General's Office in Prosecutions: Rhetoric, Ideology and Practice by : Despina Kyprianou
Download or read book The Role of the Cyprus Attorney General's Office in Prosecutions: Rhetoric, Ideology and Practice written by Despina Kyprianou and published by Springer Science & Business Media. This book was released on 2009-10-06 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Attorney General, Republic of Cyprus It is with great pleasure that I foreword the book of Dr Despina Kyprianou’s for many reasons: The ?rst one is that books on any area of Cyprus Law is particularly welcomed as there are limited studies which focus on this ?eld and reveal the singularities and special features of Cyprus Law. The second one is that this book is about the Attorney General’s Of?ce, an of?ce that I have served for almost thir- ?ve years and have personal knowledge of its crucial role not only regarding prosecutions but also regarding a wide variety of other legal issues. The third and most important reason is that this is an excellent work and a thought-provoking contribution to our understanding of the Role of the Cyprus Attorney General’s Of?ce in Prosecutions. The last reason that I am very happy to commend this study is the fact that, a few years ago, I was the one that granted access to the Law Of?ce for Dr Kyprianou’s research. The publication of this highly informative book is the best con?rmation that I was right in doing so. The Republic of Cyprus was established as an independent sovereign republic with a presidential regime on 16 August 1960, when its Constitution came into force and British sovereignty over Cyprus as a Crown Colony ceased.
Book Synopsis Do Exclusionary Rules Ensure a Fair Trial? by : Sabine Gless
Download or read book Do Exclusionary Rules Ensure a Fair Trial? written by Sabine Gless and published by Springer. This book was released on 2019-04-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.
Book Synopsis Prosecutors and Democracy by : Máximo Langer
Download or read book Prosecutors and Democracy written by Máximo Langer and published by Cambridge University Press. This book was released on 2017-10-26 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author :Great Britain: Parliament: House of Commons: International Development Committee Publisher :The Stationery Office ISBN 13 :0215030885 Total Pages :264 pages Book Rating :4.2/5 (15 download)
Book Synopsis Conflict and Development by : Great Britain: Parliament: House of Commons: International Development Committee
Download or read book Conflict and Development written by Great Britain: Parliament: House of Commons: International Development Committee and published by The Stationery Office. This book was released on 2006-10-25 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict and Development : Peacebuilding and post-conflict reconstruction, sixth report of session 2005-06, Vol. 2: Oral and written Evidence
Book Synopsis Impending Challenges to Penal Moderation in France and Germany by : Kirstin Drenkhahn
Download or read book Impending Challenges to Penal Moderation in France and Germany written by Kirstin Drenkhahn and published by Taylor & Francis. This book was released on 2023-07-27 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the penal culture in France and Germany – how it is shaped in politics, media, and public opinion. Although compared with the US or the UK, France and Germany seem to place a strong emphasis on the ideal of rehabilitation that would block excessive punishment and other outcomes of punitive developments in society, there is a steady increase in punitiveness over time for which the term “strained restraint” is proposed. The book shows that the idea of penal moderation is deeply rooted in public opinion, politics, and the media and that it is renegotiated every day in a dynamic interplay between these spheres. Punishment and society research has traditionally focused on the US and the UK. In comparative research, both are considered extreme in punitive developments with high rates of imprisonment and large groups of the population under penal control. The other extreme in comparative research would be Scandinavia with the famous Nordic Exceptionalism marked by low prison population rates. Germany and France are often considered to be “the same” when compared with each other, and “the other” with reference to both of these extremes. However, this book shows that France and Germany are far from being the same when it comes to state organization (centralistic vs. federal), criminal justice and the criminal law, political traditions, and the media. Also, research from both countries has looked at whether developments such as the “punitive turn” have occurred in Germany and France. Research focused on the domestic situation concludes that punitiveness is on the rise, and that both countries are indeed experiencing their own punitive turn. How do we reconcile these contradictory findings? Why do these two seem to follow the path of penal moderation in the overall outcome of punishment in society when we look at comparative research? And how is it that from a domestic perspective, punitive attitudes and desires are leading to more punitiveness? By focusing on the meso level, with a comparative perspective on the two countries and a dynamic analytical approach, this book reconciles the fluidity of individual attitudes and opinions with the relative stability of societal discourse. The authors posit that penal moderation comes at a price: overall and in an internationally comparative perspective, there is penal moderation, but a closer look at the domestic situation and development reveals that it is nonetheless challenged by a slowly rising tide of punitiveness. Going beyond the main tenets of punishment and society research with a dynamic analysis of two large societies in Europe, this book is ideal reading for scholars and students of penology, criminal justice, and European studies.
