Directions and developments in criminal justice and law.
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.
Description based upon print version of record. 7 Police Prosecution and Access to Justice for People with Disabilities
Formatted Contents Note
Cover; Half Title; Book Title; Copyright; Dedication; Table of Contents; Notes on Contributors; Introduction; The Origins of the Modern Public Prosecutor in Common and Civil Law Jurisdictions; The Modern Public Prosecutor; Introducing the Book; Acknowledgements; Notes; References; Part I; The Office of the Modern Public Prosecutor; 1 Decoding Hegemony: Exploring the Discourse of a Prosecuting Elite; Introduction; Looking at Public Prosecutors; Conversations with "High Mandarins"; Mandarin: Administrative and Doctrinal; A Civilising Trajectory Contemporary Guardians of Core Prosecution ConceptsAccountability; Concluding Discussion; Notes; References; 2 New Public Management, Citizens' Fears and Calls for Justice: The Prosecutor's New Role in Italy; Prosecution and the Interpretation of the Law; Rules and the Working of Judicial Action in Italy; The Local Dimension of Judicial Action; Calls for Justice, People's Fears and the Organization of Judicial Action; Notes; References; 3 Deferred Prosecution Agreements: Negotiating Punishment Before Conviction?; Introduction Part I Negotiating DPAs: Bargaining in the Shadow of the Criminal Law?Part II Negotiating DPAs: Unjust Bargaining at the Boundaries of the Criminal and Civil Law?; Conclusion; Notes; 4 The Public Prosecution Service and the Structuring of Sentencing The Nordic Case of Denmark; Introduction; Legal Framework of Criminal Sentencing in Denmark; Technique #1: Preparatory Works to Statutory Amendments; Technique #2: Prosecution Guidelines; Technique # 3: Prosecution Case Databases; The Institutional Role of the Public Prosecution Service Taking Part in the Drafting of Preparatory Works to Statutory AmendmentsThe Quasi-JudicialRole to Presenting Facts and Law to the Judicial Courts; Controlling Knowledge on Normal Sentencing Levels through its Hierarchical Organizational Structure; Auditing Criminal Sentencing; Conclusions; Comparing Sentencing across Jurisdictions Conclusions; Notes; Part II; The Role of Prosecutors in Investigations; 5 The Role of the Finnish Prosecutor in Preliminary Investigations Efficiency or the End of Impartiality?; Introduction; Historical Development of the Prosecution System in Finland Support for Increased Collaboration Throughout TimesAdvantages of Complete Separation; Support for the Collaborative Model; Conclusion; Notes; Sources and Bibliography; 6 Framing Prosecutor-Police Relations in Europe A Concept Paper; Introduction; The Relevance of Procedural Contexts; A Brief Comment on the Extant Literature; The Importance of Prosecutor-Police Relations in the Prosecution Process; Institutional Characteristics and Key Values; Addressing the Allocation of Responsibilities; Considering and Understanding Change; Conclusion; Notes; Some Relevant Sources for Such Research
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OCLC-licensed vendor bibliographic record.