The Prosecutor In Transnational Perspective

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The Prosecutor in Transnational Perspective

Author : Erik Luna
Publisher : Oxford University Press
ISBN 13 : 0199939608
Total Pages : 480 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Prosecutor in Transnational Perspective by : Erik Luna

Download or read book The Prosecutor in Transnational Perspective written by Erik Luna and published by Oxford University Press. This book was released on 2012-08-20 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Erik Luna
Publisher : Oxford University Press
ISBN 13 : 0199844801
Total Pages : 490 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis The Prosecutor in Transnational Perspective by : Erik Luna

Download or read book The Prosecutor in Transnational Perspective written by Erik Luna and published by Oxford University Press. This book was released on 2012-09-27 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Oxford Handbook of Prosecutors and Prosecution

Author : Ronald F. Wright
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.

Powers of the Prosecutor in Criminal Investigation

Author : Karolina Kremens
Publisher : Routledge
ISBN 13 : 1000291081
Total Pages : 349 pages
Book Rating : 4.0/5 (2 download)

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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.

The Evolving Role of the Public Prosecutor

Author : Victoria Colvin
Publisher : Routledge
ISBN 13 : 0429884958
Total Pages : 296 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 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.

Comparative, International, and Global Justice

Author : Cyndi Banks
Publisher : SAGE Publications
ISBN 13 : 1506337279
Total Pages : 593 pages
Book Rating : 4.5/5 (63 download)

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Book Synopsis Comparative, International, and Global Justice by : Cyndi Banks

Download or read book Comparative, International, and Global Justice written by Cyndi Banks and published by SAGE Publications. This book was released on 2015-09-23 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Roma Tre Law Review

Author :
Publisher : Roma TrE-Press
ISBN 13 :
Total Pages : 292 pages
Book Rating : 4./5 ( download)

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Book Synopsis Roma Tre Law Review by :

Download or read book Roma Tre Law Review written by and published by Roma TrE-Press. This book was released on with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Periodico semestrale del Dipartimento di Giurisprudenza

New England Law Review: Volume 50, Number 1 - Fall 2015

Author : New England Law Review
Publisher : Quid Pro Books
ISBN 13 : 1610278151
Total Pages : 157 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis New England Law Review: Volume 50, Number 1 - Fall 2015 by : New England Law Review

Download or read book New England Law Review: Volume 50, Number 1 - Fall 2015 written by New England Law Review and published by Quid Pro Books. This book was released on 2016-03-28 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New England Law Review offers its issues in convenient digital formats for e-reader devices, apps, pads, and phones. This first issue of Volume 50 (Fall 2015) features an extensive and important Symposium entitled "Discipline, Justice, and Command in the U.S. Military," presented by leading scholars on the subject. Contents include: "Introduction to 'Discipline, Justice, and Command in the U.S. Military: Maximizing Strengths and Minimizing Weaknesses in a Special Society,'" by Victor Hansen "Discipline, Justice, and Command in the U.S. Military: Maximizing Strengths and Minimizing Weaknesses in a Special Society," by Rachel VanLandingham "On Unity: A Commentary on 'Discipline, Justice, and Command in the U.S. Military: Maximizing Strengths and Minimizing Weaknesses in a Special Society,'" by Elizabeth Hillman "To Prosecute, or Not to Prosecute: Who Should Make the Call?," by James Gallagher In addition, Issue 1 includes these extensive student contributions: Foreword,"50 Years: Through Changing Times the New England Law Review Remains a Constant," by Nicholas Baran Note, "A New Era of Eyewitness Identification Law: Putting Eyewitness Testimony on Trial," by Sara Conway Comment, "Without a Bright-line on the Green Line: How Commonwealth v. Robertson Failed to Criminalize Upskirt Photography," by Jeffrey Marvin Quality digital formatting includes linked notes, active table of contents, active URLs in notes, and proper Bluebook citations.

Crime and Justice, Volume 41

Author : Michael Tonry
Publisher : University of Chicago Press
ISBN 13 : 022601018X
Total Pages : 400 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis Crime and Justice, Volume 41 by : Michael Tonry

Download or read book Crime and Justice, Volume 41 written by Michael Tonry and published by University of Chicago Press. This book was released on 2013-12-16 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prosecutors are powerful figures in any criminal justice system. They decide what crimes to prosecute, whom to pursue, what charges to file, whether to plea bargain, how aggressively to seek a conviction, and what sentence to demand. In the United States, citizens can challenge decisions by police, judges, and corrections officials, but courts keep their hands off the prosecutor. Curiously, in the United States and elsewhere, very little research is available that examines this powerful public role. And there is almost no work that critically compares how prosecutors function in different legal systems, from state to state or across countries. Prosecutors and Politics begins to fill that void. Police, courts, and prisons are much the same in all developed countries, but prosecutors differ radically. The consequences of these differences are enormous: the United States suffers from low levels of public confidence in the criminal justice system and high levels of incarceration; in much of Western Europe, people report high confidence and support moderate crime control policies; in much of Eastern Europe, people’s perceptions of the law are marked by cynicism and despair. Prosecutors and Politics unpacks these national differences and provides insight into this key area of social control. Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure.

EU Criminal Law and Policy

Author : Joanna Beata Banach-Gutierrez
Publisher : Routledge
ISBN 13 : 1317427610
Total Pages : 261 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis EU Criminal Law and Policy by : Joanna Beata Banach-Gutierrez

Download or read book EU Criminal Law and Policy written by Joanna Beata Banach-Gutierrez and published by Routledge. This book was released on 2016-07-28 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.

Confirmation Bias in Criminal Cases

Author : Moa Lidén
Publisher : Oxford University Press
ISBN 13 : 0192693441
Total Pages : 289 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Confirmation Bias in Criminal Cases by : Moa Lidén

Download or read book Confirmation Bias in Criminal Cases written by Moa Lidén and published by Oxford University Press. This book was released on 2023-04-15 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: In criminal cases, practitioners such as police officers, crime scene investigators, pathologists, prosecutors, and judges are expected to make decisions that are objective and impartial. However, research since the 1960's into so-called confirmation bias provides persuasive scientific evidence that humans are unable to do so. As flawed investigations and proceedings come to light, the importance of undertaking proper bias mitigation measures is clear. Confirmation Bias in Criminal Cases takes a multi-disciplinary approach to a complex, real-world issue. It lays out the chronology of criminal investigations and proceedings, and assesses how bias plays a role in each stage. It also offers research-based strategies to combat bias, such as independent review, contextual information management, linear sequential unmasking, and structured evaluations of the evidence. This book is vital reading for anyone involved in the criminal justice system. It not only gives a holistic view of the human element of confirmation bias but it also offers strategies for how to address it.

The Future of Legal Europe: Will We Trust in It?

Author : Gavin Barrett
Publisher : Springer Nature
ISBN 13 : 3030682536
Total Pages : 875 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis The Future of Legal Europe: Will We Trust in It? by : Gavin Barrett

Download or read book The Future of Legal Europe: Will We Trust in It? written by Gavin Barrett and published by Springer Nature. This book was released on 2021-05-12 with total page 875 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this Liber Amicorum, around 50 contributors from the legal and judicial professions, from academia and from politics pay tribute to Dr Wolfgang Heusel, the Director of the Academy of European Law (ERA) in Trier from 2000 to 2020. The contributions provide a thorough analysis of some of the most relevant legal and political challenges faced by the European Union, including in the fields of data protection rules, artificial intelligence, the rule of law, human rights protection, institutional reform of the EU and changes in the legal and judicial professions. The book is primarily aimed at postgraduate students, legal practitioners and scholars interested in EU legal matters.

The Oxford Handbook of Criminal Process

Author : Darryl K. Brown
Publisher : Oxford University Press
ISBN 13 : 0190659866
Total Pages : 952 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of Criminal Process by : Darryl K. Brown

Download or read book The Oxford Handbook of Criminal Process written by Darryl K. Brown and published by Oxford University Press. This book was released on 2019-02-22 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.

Angewandte Kriminologie – Justizbezogene Forschung

Author : Axel Dessecker
Publisher : Göttingen University Press
ISBN 13 : 3863954300
Total Pages : 434 pages
Book Rating : 4.8/5 (639 download)

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Book Synopsis Angewandte Kriminologie – Justizbezogene Forschung by : Axel Dessecker

Download or read book Angewandte Kriminologie – Justizbezogene Forschung written by Axel Dessecker and published by Göttingen University Press. This book was released on 2019 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 22 June 2018 the 12th Colloquium on Criminal Law and Justice took place in Göttingen, followed by a farewell symposium for Jörg-Martin Jehle on the next day. In the same year, Jörg-Martin Jehle retired after 22 years of work at the Georg August University of Göttingen. This event coincided with the 50th anniversary of criminology in Göttingen, the topic of the 12th Colloquium. This book is based on these occasions, but also contains some additional articles in honor of Jörg-Martin Jehle from close companions, who for different reasons were not able to participate in the two events. This volume comprises articles on the history of criminological research at Göttingen University and on the topics of custodial sanctions, offender research, sentencing effects, penal law reform as well as historical and international perspectives. All the papers are related to the research work of Jörg-Martin Jehle.

Negotiated Settlements in Bribery Cases

Author : Tina Søreide
Publisher : Edward Elgar Publishing
ISBN 13 : 1788970411
Total Pages : 384 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Negotiated Settlements in Bribery Cases by : Tina Søreide

Download or read book Negotiated Settlements in Bribery Cases written by Tina Søreide and published by Edward Elgar Publishing. This book was released on 2020-04-24 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book examines the scope, benefits and challenges of negotiated settlements as an enforcement mechanism in bribery cases, and demonstrates the need for a more harmonized and principled approach to deterring corporate bribery. Written by a global team of experts with backgrounds in legal practice, policy work and academia, it offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions.

Performance of the Prosecution Services in Latvia A Comparative Study

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264725792
Total Pages : 230 pages
Book Rating : 4.2/5 (647 download)

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Book Synopsis Performance of the Prosecution Services in Latvia A Comparative Study by : OECD

Download or read book Performance of the Prosecution Services in Latvia A Comparative Study written by OECD and published by OECD Publishing. This book was released on 2021-01-11 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latvia has embarked on an ambitious agenda to tackle the challenges posed by complex types of criminality to public prosecution services, with particular emphasis on economic and financial crimes. This report carries out a benchmark analysis of Latvia’s prosecution practices along with those in ten OECD member countries, international good practices and the experience of globally renowned prosecution experts.

The Accusation Model Before the International Criminal Court

Author : Hanna Kuczyńska
Publisher : Springer
ISBN 13 : 3319176269
Total Pages : 409 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis The Accusation Model Before the International Criminal Court by : Hanna Kuczyńska

Download or read book The Accusation Model Before the International Criminal Court written by Hanna Kuczyńska and published by Springer. This book was released on 2015-05-07 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?