Powers Of The Prosecutor In Criminal Investigation

Author : Karolina Kremens
Publisher : Routledge
Page : 349 pages
File Size : 43,7 Mb
Release : 2021-03-26
Category : Law
ISBN : 9781000291087

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Powers of the Prosecutor in Criminal Investigation by Karolina Kremens Pdf

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 : National Research Council,Division of Behavioral and Social Sciences and Education,Committee on Law and Justice
Publisher : National Academies Press
Page : 72 pages
File Size : 55,8 Mb
Release : 2001-05-23
Category : Law
ISBN : 9780309170918

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What's Changing in Prosecution? by National Research Council,Division of Behavioral and Social Sciences and Education,Committee on Law and Justice Pdf

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 : Joan E. Jacoby,Edward C. Ratledge
Publisher : Bloomsbury Publishing USA
Page : 292 pages
File Size : 51,7 Mb
Release : 2016-01-11
Category : Law
ISBN : 9798216131106

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The Power of the Prosecutor by Joan E. Jacoby,Edward C. Ratledge Pdf

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 : Angela J. Davis
Publisher : Oxford University Press
Page : 264 pages
File Size : 50,9 Mb
Release : 2007-04-12
Category : Law
ISBN : 9780199884278

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Arbitrary Justice by Angela J. Davis Pdf

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 : Joan E. Jacoby,Edward C. Ratledge
Publisher : Praeger
Page : 0 pages
File Size : 54,8 Mb
Release : 2016-01-11
Category : Law
ISBN : 9781440842184

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The Power of the Prosecutor by Joan E. Jacoby,Edward C. Ratledge Pdf

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 : Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze
Publisher : Cambridge University Press
Page : 507 pages
File Size : 53,6 Mb
Release : 2020-01-16
Category : Law
ISBN : 9781108483391

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Core Concepts in Criminal Law and Criminal Justice by Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze Pdf

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Author : Erik Luna,Marianne Wade
Publisher : Oxford University Press
Page : 490 pages
File Size : 41,7 Mb
Release : 2012-09-27
Category : Law
ISBN : 9780199844807

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The Prosecutor in Transnational Perspective by Erik Luna,Marianne Wade Pdf

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.

Author : Ontario. Attorney General's Advisory Committee on Charge Screening, Disclosure, and Resolution Discussions,G. Arthur Martin
Publisher : The Committee
Page : 523 pages
File Size : 54,6 Mb
Release : 1993-01-01
Category : Evidence, Criminal
ISBN : 077781515X

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Report of the Attorney General's Advisory Committee on Charge Screening, Disclosure, and Resolution Discussions by Ontario. Attorney General's Advisory Committee on Charge Screening, Disclosure, and Resolution Discussions,G. Arthur Martin Pdf

Author : Jörg-Martin Jehle,Marianne Wade
Publisher : Springer Science & Business Media
Page : 334 pages
File Size : 55,9 Mb
Release : 2006-11-22
Category : Law
ISBN : 9783540339632

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Coping with Overloaded Criminal Justice Systems by Jörg-Martin Jehle,Marianne Wade Pdf

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".

Author : John Worrall,M. Elaine Nugent-Borakove
Publisher : State University of New York Press
Page : 295 pages
File Size : 44,7 Mb
Release : 2014-03-14
Category : Social Science
ISBN : 9780791477618

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The Changing Role of the American Prosecutor by John Worrall,M. Elaine Nugent-Borakove Pdf

Looks at how prosecution of offenders is evolving in the contemporary legal milieu.

Author : Ronald F. Wright,Kay L. Levine,Russell M. Gold
Publisher : Oxford University Press
Page : 696 pages
File Size : 45,7 Mb
Release : 2021-04-30
Category : Law
ISBN : 9780190905446

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The Oxford Handbook of Prosecutors and Prosecution by Ronald F. Wright,Kay L. Levine,Russell M. Gold Pdf

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.

Author : Council of Europe
Publisher : Council of Europe
Page : 37 pages
File Size : 43,6 Mb
Release : 2014-01-01
Category : Law
ISBN : 9789287179647

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The role of public prosecutors outside the criminal justice system - Recommendation CM/Rec(2012)11 and explanatory memorandum by Council of Europe Pdf

Recommendation CM/Rec(2012)11 on the role of public prosecutors outside the criminal justice system complements Recommendation Rec(2000)19 on the role of public prosecution in the criminal justice system which was adopted in autumn 2000. Together these two recommendations set European standards for prosecutorial activities with a comprehensive set of principles defining the status, powers and practice of the public prosecution service for all areas of law in a modern democratic State. Whatever the nature of their responsibilities, whether they be criminal, civil, administrative law or other, it behooves public prosecutors to carry them out in full accordance with the rule of law, human rights and other principles which are fundamental to all democratic societies. This recommendation draws upon a number of sources as well as on the practice of the prosecution services of many Council of Europe member States that enjoy extensive powers outside the criminal justice system. A report, prepared in 2008 at the request of the Consultative Council of European Prosecutors (CCPE) of the Council of Europe, not only illustrated the diversity among legal systems but also showed that public prosecutors in most of the Council of Europe’s 47 member States are vested with duties that extend beyond the criminal justice system of their countries. Such powers are based on the various branches of law, with the aim of protecting the public interest as well as the rights and legitimate interests of individuals, especially members of socially vulnerable population groups. Overall, the recommendation represents a step forward in strengthening the protection of human rights and fundamental freedoms, as the manner in which public prosecutors exercise their role, inside and outside the criminal justice system, is crucial to the protection of these rights and freedoms.

Author : Gwladys Gilliéron
Publisher : Springer Science & Business Media
Page : 362 pages
File Size : 41,9 Mb
Release : 2014-04-14
Category : Law
ISBN : 9783319045047

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Public Prosecutors in the United States and Europe by Gwladys Gilliéron Pdf

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.

Author : George T. Felkenes
Publisher : Unknown
Page : 328 pages
File Size : 48,6 Mb
Release : 1974
Category : Criminal justice, Administration of
ISBN : UOM:39015002241316

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The Criminal Justice System: Its Functions and Personnel by George T. Felkenes Pdf

This is a study of the duties, functions, qualifications, selection processes, and potential for advancement associated with law enforcement, courts, and correctional personnel. The specific roles and the personnel that comprise the operating criminal justice system are identified and analyzed in this study. Detailing not only duties and functions, but also qualifications, selection processes, and even potential for advancement, the work forms an unusual perspective of the field for students of law enforcement, police science, criminal law, criminology, and corrections. The study details over fifty-five distinct professions within the criminal justice system, and discusses the qualifications required and the tasks performed by each. A major section of the book is its examination of the prosecutorial function - the powers and duties, the major concepts and criticisms of the role of the prosecutor, and the multi-faceted role of the defense attorney, including his duties and professional responsibilities, as well as the function of court appointed counsels and public defenders. Law enforcement is viewed at every level from municipal through federal agencies, with a focus on police legal advisors, criminalists, and the numerous other individuals who comprise the total law enforcement complex. The function of the court is presented through the roles of the various court officers - judges, juries, grand juries, bailiffs, clerks, and reporters. Each is discussed in terms of qualifications, duties, and function in the mechanics of the courtroom procedure. A final section covers the corrections system - the custodial and institutional personnel, as well as the juvenile, probation and parole officers who work with offenders in the community.

Author : Michael Birzer,Cliff Roberson
Publisher : Taylor & Francis
Page : 402 pages
File Size : 52,9 Mb
Release : 2018-07-31
Category : Law
ISBN : 9781040082416

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Introduction to Criminal Investigation by Michael Birzer,Cliff Roberson Pdf

The manner in which criminal investigators are trained is neither uniform nor consistent, ranging from sophisticated training protocols in some departments to on-the-job experience alongside senior investigators in others. Ideal for students taking a first course in the subject as well as professionals in need of a refresher, Introduction to Criminal Investigation uses an accessible format to convey concepts in practical, concrete terms. Topics discussed include: The history of criminal investigation in Western society Qualifications for becoming an investigator, the selection process, and ideal training requirements Crime scene search techniques, including planning and post-search debriefing Preparing effective field notes and investigative reports Interviewing and interrogating Types of evidence found at the crime scene and how to collect, package, and preserve it The contributions of forensic science to criminal investigations and the equipment used in crime labs Investigative protocol for a range of crimes, including property crimes, auto theft, arson, financial crimes, homicide, assault, sex crimes, and robbery Specialized investigations, including drug trafficking, cybercrime, and gang-related crime Legal issues involved in criminal investigations and preparing a case for trial Bringing together contributions from law enforcement personnel, academics, and attorneys, the book combines practical and theoretical elements to provide a comprehensive examination of today‘s criminal investigative process. The accessible manner in which the information is conveyed makes this an ideal text for a wide-ranging audience.