دانلود کتاب The Evolving Role of the Public Prosecutor: Challenges and Innovations

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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 Concepts
Accountability
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 Amendments
The 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 Times
Advantages 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
7 Police Prosecution and Access to Justice for People with Disabilities
Introduction
Department of Prosecution Guidelines in Victoria
Cognitive Impairment as a Hidden and Complex Disability
The Prison Population
Response to Vulnerable People
Interview Friends
The Effect of the CRPD
What Should Be in Place?
Conclusion
Notes
Bibliography
8 Roles of Lawyers and Investigators in Investigations of International Crimes
Introduction
Methodology
Domestic Role of Police and Prosecutors
Adversarial/Common Law Systems
Inquisitorial/Civil Law Systems
Backgrounds of Lawyers and Investigators in International Criminal Courts and Tribunals
Role of Lawyers and Investigators in International Criminal Courts and Tribunals
Suspect Interviewing
Conclusion
Notes
Bibliography
Part III
The Nature and Extent of Prosecutorial Discretion
9 The Riddle of Prosecutorial Discretion
Introduction
The Public Interest Test
Morality, Social Consensus and “Wrongfulness”
Discretion and the Criminal Law
Challenges in Framing the Discretion to Prosecute
Conclusion
Notes
References
10 Prosecuting Domestic Violence Cases: Listening to Victims
Introduction
Criminal Justice Responses and Perpetrator Responsibility
Explaining Under-Prosecution
Domestic Violence: Prosecutorial Guidelines in Australia
Victim Autonomy
Conclusion
Notes
References
11 Prosecutorial Discretion about Special Measure Use in Australian Cases of Child Sexual Abuse
Introduction
Method
Results and Discussion
Conclusion
Acknowledgements
References
12 Community Prosecution Code Enforcement in Dallas, Texas: Effects on Serious Crime
Legal Authority for Code Enforcement
Code Enforcement as Community Prosecution
Theoretical and Empirical Foundations
Intervention and Research Setting
Methods
Outcome and Explanatory Measures
Estimation Technique
Results
Discussion and Conclusion
Limitations
Conclusion
Notes
References
Part IV
Prosecutors, Politics and Accountability
13 Prosecution and Politics in Germany: The Struggle for Independence
Growing Pressure on Prosecutors: Recent Examples from Germany
The Role of the Prosecution Service in Germany
The Public Prosecution Service: The Historical Background
Growing Demands for Independence: What Has Changed?
Concepts for More Independence
The European Impact
The Future of the Prosecution Service in Germany
Conclusions
Notes
Bibliography
14 Prosecutorial Independence and Effectiveness of the Nigerian Criminal Justice System
Introduction
Public Prosecutions in Nigeria
Office of the Attorney General
Independence of the Prosecutor
Institutional Location of the Prosecution and External Factors
Appointment and Tenure of the Prosecutor
Mechanisms for Accountability and Efficiency
Conclusion
Notes
15 The Decision to Prosecute – The Accountability of Australian Prosecutors
Introduction
Discretion and Accountability
Australian Context
Australian Safeguards
Conclusion
Notes
References
16 Regulating the Prosecutorial Role in Wrongful Convictions
Introduction
The Causes of and Prosecutorial Role in Wrongful Convictions
A Taxonomy of Hard and Softer Strategies to Regulate Prosecutorial Conduct
Combining Hard and Softer Strategies to Better Prevent and Correct Wrongful Convictions
Conclusion
Notes
17 Conclusion
Reference
Index