Public Prosecutors and Discretion: A Comparative Study

Subjects:
Criminal Law
Contents:
A Print On Demand Edition

ISBN13: 9780198259152
ISBN: 0198259158
Published: August 1996
Publisher: Oxford University Press
Country of Publication: UK
Binding: Hardback
Price: £73.00

The role of the public prosecutor in sentencing has become the subject of intense debate in recent years. Experts recognize that their influence on sentencing practice is profound, and that the implications of their influence is far-reaching. In this study, the author assesses the influence of the public prosecutor in Scotland, the Netherlands, England, Wales and Germany over the process of sentencing offenders in the criminal justice system.

The text offers a detailed analysis of prosecutorial power to issue sanctions, such as fines, warnings and referrals to rehabilitation at the pre-trial stage, and develops three new models of justice seeking to analyze and explain the increasing use of prosecutorial power. The overlap between the role of prosecutor and judge is also discussed.