The Prosecutor in Transnational Perspective 1st Edition by Erik Luna, Marianne Wade ISBN 0199844801 9780199844807

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Product details:

ISBN 10: 0199844801

ISBN 13: 9780199844807 

Author: Erik Luna, Marianne Wade

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 and distinctions 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. 

Table of contents:

Section I
Section Introduction: The Prosecutor as Policymaker, Case-Manager, and Investigator
Prosecution Guidelines in the United States
Procedural Justice, Collateral Consequences and the Adjudication of Misdemeanors in the United States
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 Germany
The Interaction and Relationship Between Prosecutors and Police Officers in the United States, and How This Affects Police Reform Efforts
Prosecutorial Control of Investigations in Europe: A Call for Judicial Oversight

Section II
Section Introduction: Plea Bargaining and Other “Consensual Procedures”
The Prosecutor’s Role: Plea Bargaining and Evidentiary Exclusion
Prosecutors and Bargaining in Weak Cases: A Comparative View
Guilty Pleas and the Changing Role of the Prosecutor in French Criminal Justice
The Dutch Prosecutor: A Prosecuting and Sentencing Officer
The Penal Order: Prosecutorial Sentencing as a Model for Comparative Criminal Justice Reform?

Section III
Section Introduction: Adversarial and Inquisitorial Systems – Distinctive Aspects and Convergent Trends
A Perfect Storm: Prosecutorial Discretion in the United States
American Prosecutors’ Powers and Obligations in the Era of Plea Bargaining
The Evolving Role of the English Crown Prosecution Service
Prosecutorial Powers and Policymaking in Sweden and the Other Nordic Countries
The Italian Public Prosecutor: An Inquisitorial Figure in Adversarial Proceedings?
Obsolete Procedural Actors? Polish Prosecutors and Their Evidence Gathering Duty Before and During Trial in an Inquisitorial Environment

Section IV
Section Introduction: Prosecution in Exceptional Contexts and Non-Domestic Fora
Prosecuting Terrorism: Models for Confronting Organized Violence
Prosecuting in the Military
Obtaining Guilty Pleas for International Crimes: Prosecutorial Difficulties
Murder by Any Other Name: Genocide and the Prosecutorial Challenges

Section V
Section Introduction: Overview and Outlook – Toward Comparative Prosecution Studies
A Judge by Another Name? Comparative Perspectives on the Role of the Public Prosecutor
Reporting for Duty: The Universal Prosecutorial Accountability Puzzle and an Experimental Transparency Alternative
Failures of the Prosecutor’s Duty to “Do Justice” in Extraordinary and Ordinary Miscarriages of Justice
Looking Back and at the Challenges Ahead

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Tags: Erik Luna, Marianne Wade, Prosecutor, Transnational Perspective