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Author: Karolina Kremens
Publisher: Routledge
ISBN: 9780367655587
Category : Criminal investigation
Languages : en
Pages : 0
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Book Description
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.
Author: Karolina Kremens
Publisher: Routledge
ISBN: 9780367655587
Category : Criminal investigation
Languages : en
Pages : 0
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Book Description
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.
Author: Angela J. Davis
Publisher: Oxford University Press
ISBN: 0199884277
Category : Law
Languages : en
Pages : 264
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Book Description
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.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309170915
Category : Law
Languages : en
Pages : 72
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Book Description
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.
Author: Karolina Kremens
Publisher: Routledge
ISBN: 1000291081
Category : Law
Languages : en
Pages : 349
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Book Description
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.
Author: Joan E. Jacoby
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Law
Languages : en
Pages : 292
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Book Description
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.
Author: American Bar Association
Publisher:
ISBN: 9781570737138
Category : Criminal justice, Administration of
Languages : en
Pages : 151
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Book Description
"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.
Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages :
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Book Description
Author: Kai Ambos
Publisher: Cambridge University Press
ISBN: 1108483399
Category : Law
Languages : en
Pages : 507
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Book Description
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
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.
Author: Jacqueline E. Ross
Publisher: Edward Elgar Publishing
ISBN: 1781007195
Category : Law
Languages : en
Pages : 576
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Book Description
This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.
