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The Prosecutor in Transnational Perspective - Oxford Scholarship Online
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The Prosecutor in Transnational Perspective

Erik Luna and Marianne Wade

Abstract

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. This book demonstrates that valuable lessons can be learned from a transnational examination of prosecutorial authority. The book examines both parall ... More

Keywords: prosecutor, American justice system, prosecutorial discretion, Europe, prosecutorial authority, criminal justice

Bibliographic Information

Print publication date: 2012 Print ISBN-13: 9780199844807
Published to Oxford Scholarship Online: April 2015 DOI:10.1093/acprof:osobl/9780199844807.001.0001

Authors

Affiliations are at time of print publication.

Erik Luna, editor
Professor of Law, Washington & Lee School of Law, Lexington, VA

Marianne Wade, editor
Senior Researcher, Max Planck Institute, Freiburg, Germany

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Contents

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Front Matter

Title Pages

List of Contributors

Preface

Section I The Prosecutor as Policy Maker, Case Manager, and Investigator

Introduction

Erik Luna and Marianne L. Wade

Prosecution Guidelines in the United States

Ellen S. Podgor*

Procedural Justice, Collateral Consequences, and the Adjudication of Misdemeanors in the United States

John D. King

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

Shawn Boyne

The Interaction and Relationship Between Prosecutors and Police Officers in the United States, and how this Affects Police Reform Efforts

David A. Harris

Prosecutorial Control of Investigations in Europe

Stefan Braum

Section II Plea Bargaining and Other “Consensual Procedures”

Introduction

Erik Luna and Marianne L. Wade

The Prosecutor’s Role

Craig Bradley

Prosecutors And Bargaining in Weak Cases

Jenia Iontcheva Turner*

Guilty Pleas and the Changing Role of the Prosecutor in French Criminal Justice

Jacqueline Hodgson

The Dutch Prosecutor

Peter J. P. Tak

The Penal Order

Stephen C. Thaman

Section III Adversarial and Inquisitorial Systems—Distinctive Aspects and Convergent Trends

Introduction

Erik Luna and Marianne L. Wade

A Perfect Storm

William T. Pizzi

American Prosecutors’ Powers and Obligations in the Era of Plea Bargaining

Darryl K. Brown

The Evolving Role of the English Crown Prosecution Service

Chris Lewis

Prosecutorial Powers and Policy Making in Sweden and the Other Nordic Countries

Josef Zila

The Italian Public Prosecutor

Michele Caianiello

Obsolete Procedural Actors? Polish Prosecutors And Their Evidence-Gathering Duty Before and During Trial in an Inquisitorial Environment

Antoni Bojańczyk

Section IV Prosecution in Exceptional Contexts and Nondomestic Fora

Introduction

Erik Luna and Marianne L. Wade

Prosecuting Terrorism

Wayne McCormack

Prosecuting in the Military

Timothy C. MacDonnell

Obtaining Guilty Pleas for International Crimes

Nancy Amoury Combs

Murder by any Other Name

John Winterdyk

Section V Overview and Outlook—Toward Comparative Prosecution Studies

Introduction

Erik Luna and Marianne L. Wade

A Judge by Another name? Comparative Perspectiveson the Role of the Public Prosecutor

Thomas Weigend*

Reporting for Duty

Marc L. Miller and Ronald F. Wright

Failures of the Prosecutor’S Duty to “do Justice” in Extraordinary and Ordinary Miscarriages of Justice

Robert P. Mosteller

Looking Back and at the Challenges Ahead

Erik Luna and Marianne L. Wade

End Matter

Index