Public Prosecutors in the United States and Europe: A Comparative Analysis with Special Focus on Switzerland, France, and Germany

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Springer Science & Business Media, Apr 14, 2014 - Law - 362 pages
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.
 

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Contents

Aim Approach and Methodology of the Study
1
Methods for Coping with Overloaded Criminal Justice Systems
9
The Criminal Justice Systems Studied
15
History of the Public Prosecutor
39
Public Prosecutors in the United States Position Powers and Accountability
65
Public Prosecutors in Switzerland Position Powers and Accountability
171
Overview of Public Prosecutors in Germany Position Powers and Accountability
263
Overview of Public Prosecutors in France Position Powers and Accountability
287
Thematic Problems and the Prospects for Reform
333
Conclusion
343
Classification of Criminal Actions
347
Comparison of US and Swiss Crime Victims Rights
349
Victims Rights in the Plea Bargaining and Pretrial Diversion
351
Appointment Methods of Chief Public Prosecutors in the United States
352
Cases Dealt with by the County Attorneys Office of Anoka Hennepin and Ramsey
355
Abridged Proceedings in the Canton of BaselCity
361

Comparative Overview of Position Powers and Accountability of Public Prosecutors
313

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