The Prosecutor in Transnational Perspective

Hardcover | October 1, 2012

EditorErik Luna, Marianne Wade

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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 anddistinctions 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.

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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 sch...

Marianne Wade is Senior Lecturer at Birmingham Law School at the University of Birmingham. Dr. Wade was educated in Norway, the UK and Germany, and she has worked at the Department of Criminology of the University of Gottingen and the Max Planck Institute for Foreign and International Criminal Law. Her activities currently focus on Eu...

other books by Erik Luna

Format:HardcoverDimensions:352 pages, 9.25 × 6.12 × 0.98 inPublished:October 1, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199844801

ISBN - 13:9780199844807

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Table of Contents

PrefaceSection IErik Luna and Marianne Wade: Section Introduction: The Prosecutor as Policymaker, Case-Manager, and InvestigatorEllen S. Podgor: Prosecution Guidelines in the United StatesJohn D. King: Procedural Justice, Collateral Consequences and the Adjudication of Misdemeanors in the United StatesShawn Boyne: Is the Journey from the In-Box to the Out-Box a Straight Line? The Drive for Efficiency and the Prosecution of Low-Level Criminality in GermanyDavid A. Harris: The Interaction and Relationship Between Prosecutors and Police Officers in the United States, and How This Affects Police Reform EffortsStefan Braum: Prosecutorial Control of Investigations in Europe: A Call for Judicial OversightSection IIErik Luna and Marianne Wade: Section Introduction: Plea Bargaining and Other "Consensual Procedures"Jenia Iontcheva Turner: The Prosecutor's Role: Plea Bargaining and Evidentiary ExclusionJacqueline Hodgson: Guilty Pleas and the Changing Role of the Prosecutor in French Criminal JusticePeter J.P. Tak: The Dutch Prosecutor: A Prosecuting and Sentencing OfficerStephen C. Thaman: The Penal Order: Prosecutorial Sentencing as a Model for Comparative Criminal Justice Reform?Section IIIErik Luna and Marianne Wade: Section Introduction: Adversarial and Inquisitorial Systems - Distinctive Aspects and Convergent TrendsWilliam T. Pizzi: A Perfect Storm: Prosecutorial Discretion in the United StatesDarryl K. Brown: American Prosecutors' Powers and Obligations in the Era of Plea BargainingChris Lewis: The Evolving Role of the English Crown Prosecution ServiceJosef Zila: Prosecutorial Powers and Policymaking in Sweden and the Other Nordic CountriesMichele Caianiello: The Italian Public Prosecutor: An Inquisitorial Figure in Adversarial Proceedings?Antoni Bojanczyk: Obsolete Procedural Actors? Polish Prosecutors and Their Evidence Gathering Duty Before and During Trial in an Inquisitorial EnvironmentSection IVErik Luna and Marianne Wade: Section Introduction: Prosecution in Exceptional Contexts and Non-Domestic ForaWayne McCormack: Prosecuting Terrorism: Models for Confronting Organized ViolenceTimothy C. MacDonnell: Prosecuting in the MilitaryNancy Amoury Combs: Obtaining Guilty Pleas for International Crimes: Prosecutorial DifficultiesJohn Winterdyk: Murder by Any Other Name: Genocide and the Prosecutorial ChallengesSection VErik Luna and Marianne Wade: Section Introduction: Overview and Outlook - Toward Comparative Prosecution StudiesThomas Weigend: A Judge by Another Name? Comparative Perspectives on the Role of the Public ProsecutorMarc L. Miller and Ronald F. Wright: Reporting for Duty: The Universal Prosecutorial Accountability Puzzle and an Experimental Transparency AlternativeRobert P. Mosteller: Failures of the Prosecutor's Duty to "Do Justice" in Extraordinary and Ordinary Miscarriages of JusticeErik Luna and Marianne Wade: Looking Back and at the Challenges Ahead