The modern public prosecutor is a figure both powerful and enigmatic. Legal scholars and criminologists often identify “three essential components” of criminal justice systems: police, courts and corrections. Yet increasingly, the public prosecutor occupies a distinct role independent from any of these branches. Acting outside of the court, and therefore largely out of the public eye, the prosecutor’s control over whether and what charges proceed to court can limit judicial discretion on sentencing, open pathways to alternative measures and even deny entry into the criminal justice system entirely. In this sense the prosecutor serves as a true “gatekeeper” to the criminal process.
This book addresses key aspects of the evolving role of domestic and international prosecutors in common law and civil law systems in the twenty-first century, and the challenges posed by this evolution. This collection of chapters from respected scholars takes an international, comparative approach and explores how these different legal systems have borrowed theorisations and articulations of the prosecutorial role from each other in adapting the office to changing conditions and expectations. The volume is structured around four main themes relating to the role of the modern prosecutor: the nature of the prosecutor’s office, the role of the prosecutor in investigations, prosecutorial discretion and how it is exercised, and politicisation and accountability of prosecutors.
This book is essential for scholars and students in criminal justice, pre-law/legal studies, criminology, justice studies and political science, and is useful as a resource for those interested in legal change around the world.
Introduction - Philip Stenning, Victoria Colvin and Heather Douglas
Part I: The Office of the Modern Public Prosecutor
Chapter 1: Decoding Hegemony: Exploring the Discourse of a Prosecuting Elite - Robyn Holder
Chapter 2: New Public Management, Citizens’ Fears and Calls for Justice: The Prosecutor’s New Role in Italy - Cecilia Blengino
Chapter 3: Deferred Prosecution Agreements: Negotiating Punishment Before Conviction? - Simon Bronitt
Chapter 4: The Public Prosecution Service and the Structuring of Sentencing – the Nordic Case of Denmark - Rasmus Wandall
Part II: The Role of Prosecutors in Investigations
Chapter 5: The Role of the Finnish Prosecutor in Preliminary Investigations – Efficiency or the End of Impartiality? - Julia Jansson
Chapter 6: Framing Prosecutor–Police Relations in Europe – A Concept Paper - Philip Stenning and Julia Jansson
Chapter 7: Police Prosecution and Access to Justice for People with Disabilities - Penelope Weller
Chapter 8: Roles of Lawyers and Investigators in Investigations of International Crimes - Melanie O’Brien
Part III: The Nature and Extent of Prosecutorial Discretion
Chapter 9: The Riddle of Prosecutorial Discretion - Victoria Colvin
Chapter 10: Prosecuting Domestic Violence Cases: Listening to Victims - Heather Douglas
Chapter 11: Prosecutorial Discretion about Special Measure Use in Australian Cases of Child Sexual Abuse - Jane Goodman-Delahunty, Natalie Martschuk, Martine Powell and Nina Westera
Chapter 12: Community Prosecution Code Enforcement in Dallas, Texas: Effects on Serious Crime - John Worrall, Andrew Wheeler, and Justin Medrano
Part IV: Prosecutors, Politics and Accountability
Chapter 13: Prosecution and Politics in Germany: The Struggle for Independence - Michael Jasch
Chapter 14: Prosecutorial Independence and Effectiveness of the Nigerian Criminal Justice System - Adedeji Adekunle
Chapter 15: The Decision to Prosecute – The Accountability of Australian Prosecutors - Kellie Toole
Chpater 16: Regulating the Prosecutorial Role in Wrongful Convictions - Kent Roach
Conclusion - Victoria Colvin and Philip Stenning
The ways in which crime is constructed in society is of time-honored interest to criminologists across the globe. The ever-changing landscape of what is criminal and what is not affects scholars and policymakers in their approach to the body of law defining prohibited conduct, how that law evolves, and the modes by which it is administered. Rule of law cannot exist without a transparent legal system, strong enforcement structures, and an independent judiciary to protect against the arbitrary use of power. Critical consideration of the mechanisms through which societies attempt to make the rule of law a reality is essential to understanding and developing effectual criminal justice systems. The Directions and Developments in Criminal Justice and Law series offers the best research on criminal justice and law around the world, offering original insights on a broadly defined range of socio-legal topics in law, criminal procedure, courts, justice, legislation, and jurisprudence. With an eye toward using innovative and advanced methodologies, series monographs offer solid social science scholarship illuminating issues and trends in law, crime, and justice. Books in this series will appeal to criminologists, sociologists, and other social scientists, as well as policymakers, legal researchers, and practitioners.