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This volume supersedes Volume 7 of the series.
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.
An account of the theoretical framework, legal complexities and enforcement of the French treason law.
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 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.
"For several decades conflicts within states rather than between them have been the prevalent form of organised political violence worldwide. Most intra-state conflicts since 1945 have originated in insurgencies, not just against incumbent regimes but, more often, against those regimes' external sponsors, whether imperial governments or dominant regional powers. This Handbook focuses on the former group, on the insurgencies and counter-insurgencies fought out as European overseas empires collapsed. Seeking to identify the causal dynamics and violence processes of such violent decolonization, the Handbook will address the most taxing problems in conflict limitation: how to constrain the actions of insurgents and counter-insurgents in asymmetric 'guerrilla wars'; how to mitigate the consequences of proxy involvement in intra-state conflicts; and how to protect civilians in war zones where combatant-non-combatant distinctions have broken down. Underlying these questions is a unifying theme - and a core Handbook objective - the need to recognize the cultural practices of insurgent movements and counter-insurgent forces as a prerequisite to comprehending their violence"--