Coping with Overloaded Criminal Justice Systems: The Rise of Prosecutorial Power Across Europe

ISBN-13: 9783540339588 / Angielski / Twarda / 2006 / 333 str.

Jvrg-Martin Jehle; Marianne Wade; Jc6rg-Martin Jehle

Opis

This book describes the results of a six-nation study of how criminal justice agencies in England and Wales, France, Germany, Netherlands, Poland, and Sweden have reacted to high crime rates and punitiveness. The book details how various solutions have been adopted, involving diversion of cases from courts, increases in financial penalties imposed by police or prosecutors without full court hearings and the introduction in some countries of "administrative offences."

Spis treści

Varying Structures and Convergent Trends in Prosecution within Europe.- The Function of Public Prosecution within the Criminal Justice System.- The Power to Decide — Prosecutorial Control, Diversion and Punishment in European Criminal Justice Systems Today.- Dealing with Various Offence Types in Different Criminal Justice Systems — Case Examples.- The Prosecution Service Function within the Criminal Justice System.- The Prosecution Service Function within the English Criminal Justice System.- The Prosecution Service Function within the French Criminal Justice System.- The Prosecution Service Function within the German Criminal Justice System.- The Prosecution Service Function within the Dutch Criminal Justice System.- The Prosecution Service Function within the Polish Criminal Justice System.- The Prosecution Service Function within the Swedish Criminal Justice System.

Blurb

The comparative study documented here was supported by the Fritz-Thyssen Foundation and the European Commission. It examined prosecution services in different European countries intending to understand their national role and function within the respective criminal justice system and thereby to highlight common features and important differences between European systems. The prosecution service is regarded as a part of the criminal justice system; a coherent system under pressure to deal with high numbers of cases. Within this system the prosecution level is increasingly becoming the decisive stage reducing its workload by means of simplified methods and proceedings.

The research was carried out by a network of experts from England and Wales, France, Germany, the Netherlands, Poland and Sweden in order to develop common questions and data collection concepts and to gather the country-specific information required to allow comparison. The study deals with an area in which little research has been done and which is increasingly becoming the central, decision-making level of evolving criminal justice systems, with far-reaching consequences for society and the fundamental principles of criminal law.

This book contains:

• A Comparative Part

• Aim and Approach of the Study
• Comparative Data and Synthesis
• Case Examples

• Country Reports
• Appendix with the Questionnaire