Public Prosecutors in the United States and Europe

This book offers a comparative analysis of the US and European prosecution system. It offers solutions on how to improve the American system as well as details lessons that European criminal justice systems can draw from the experience in the US.

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.

Treats a highly topical and "hot" subject, both in the U.S. and in Europe: Use and misuse of prosecutorial powers Comprehensive analysis of the US American prosecution system those in continental law jurisdictions (Switzerland, Germany, France) Includes statistical data on prosecutorial decision making not available to the public and comparative tables and figures for an overview of key issues Provides a detailed discussion of recently reformed continental systems Given the many common features of the American and the Swiss prosecution systems, this analysis provides many new approaches to the debate on how to improve the American prosecution system Includes supplementary material: sn.pub/extras

Inhalt
Aim, Approach, and Methodology of the Study.- Methods for Coping with Overloaded Criminal Justice Systems.- The Criminal Justice Systems Studied.- History of the Public Prosecutor.- Public Prosecutors in the United States: Position, Powers, and Accountability.- Public Prosecutors in Switzerland: Position, Powers, and Accountability.- Overview of Public Prosecutors in Germany: Position, Powers, and Accountability.- Overview of Public Prosecutors in France: Position, Powers, and Accountability.- Comparative Overview of Position, Powers, and Accountability of Public Prosecutors.- Thematic Problems and the Prospects for Reform.- Conclusion.