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This is the third edition of A Handbook for Public Prosecutors. It takes into account multiple changes in the Tanzania law since publication of the first and second editions in 1978 and 1982 respectively, and the new Criminal Procedure Act of 1985. A Handbook for Public Prosecutors is written primarily for Public Prosecutors. However, it is sufficiently comprehensive to be useful to those who are fresh on the Bench or the Bar, and to investigators of crime, as well as to those who are required to do examinations in Criminal Law, Criminal Procedure and the Law of Evidence in order to advance in their careers. While it is based on the Tanzania Penal Act, Criminal Procedure Act, the Evidence Act and other statutes, readers in other East African countries will have no difficulty in finding relevant and equivalent provisions of applicable legislation which are invariably identical to those in their countries. This book provides guidance to public prosecutors and others on basic principles of Criminal Law, Criminal Procedure, and the Law of Evidence and the art of prosecuting cases.
This is the third edition of A Handbook for Public Prosecutors. It takes into account multiple changes in the Tanzania law since publication of the first and second editions in 1978 and 1982 respectively, and the new Criminal Procedure Act of 1985. A Handbook for Public Prosecutors is written primarily for Public Prosecutors. However, it is sufficiently comprehensive to be useful to those who are fresh on the Bench or the Bar, and to investigators of crime, as well as to those who are required to do examinations in Criminal Law, Criminal Procedure and the Law of Evidence in order to advance in their careers. While it is based on the Tanzania Penal Act, Criminal Procedure Act, the Evidence Act and other statutes, readers in other East African countries will have no difficulty in finding relevant and equivalent provisions of applicable legislation which are invariably identical to those in their countries. This book provides guidance to public prosecutors and others on basic principles of Criminal Law, Criminal Procedure, and the Law of Evidence and the art of prosecuting cases.
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.
"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 performance and the institutional structures that frame their behavior. The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric; legislatures' embrace of extreme sentencing ranges to respond to voter concerns; and the uncertain or limited accountability of prosecutors to other units of government, the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. 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 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. It offers an indispensable starting point for newcomers and a compelling synthesis for specialists and practitioners"--
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.
This handbook explores every aspect of the prosecutor's multiple roles, relating them to commonly encountered real-world situations and giving pragmatic guidance for dealing with those situations. It investigates the history, theory, and philosophy of prosecution and provides the student with a conceptual framework for employing sound techniques of ethical prosecutorial advocacy. By looking at each stage of the criminal prosecution from the unique vantage point of the prosecutor, it enables students to receive maximum benefit from the clinical setting and prepares them for the efficient discharge of their duties as entry-level prosecutors.
This 396-page book provides specific guidance on pre-trial criminal procedure of all sorts, and explains in understandable terms what you can do and what you can't do under 4th Amendment search and seizure law. From traffic checkpoints and forceful felony arrest, from Miranda warnings to inmate and cell searches, it's all covered in this concise reference. In addition, numerous charts and guides are included throughout the book to make this as practical a guide as possible.
The first sustained, scholarly examination of the relationship between prosecutors and democracy from a cross-national, cross-disciplinary perspective. Written by a team of internationally distingushed contributors, this is an ideal resource for legal scholars and reformers, political philosophers, and social scientists.
"Private Prosecution in America is the first comprehensive examination of a practice that dates back to the colonial era. Tracking its origins to medieval times and the English common law, the book shows how "private prosecutors" were once a mainstay of early American criminal procedure. Private prosecutors-acting on their own behalf, as next of kin, or though retained counsel-initiated prosecutions, presented evidence in court, and sought the punishment of offenders. Until the rise and professionalization of public prosecutors' offices, private prosecutors played a major role in the criminal justice system, including in capital cases. After conducting a 50-state survey and recounting how some locales still allow private prosecutions by interested parties, the book argues that such prosecutions violate defendants' constitutional rights and should be outlawed"--