| Description |
1 online resource |
| Series |
Directions and developments in criminal justice and law ; 4 |
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Directions and developments in criminal justice and law ; 4.
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| Contents |
Prosecution systems compared -- Criminal investigations compared -- Powers of the prosecutor over initiation of investigation -- Powers of the prosecutor over the conduct of investigation -- Powers of the prosecutor over the preliminary charging -- Powers of the prosecutor over imposition of coercive measures -- Powers of the prosecutor over discontinuation of investigation -- The new shape of prosecutorial powers during criminal investigation |
| Summary |
"This comparative analysis examines the scope of prosecutorial powers at different phases of criminal investigation in four countries: the United States, Italy, Poland, and Germany. In all of these countries, where the majority of cases are decided by forms of adjudication in which judges are often called to just confirm agreements achieved between parties, the criminal investigation has become a central point of the criminal process. It is important to make a conscience determination regarding who shall be in charge of this stage of the process. Prosecutors have gained tremendous powers to influence the outcome of the criminal cases, including powers once reserved only for judges. The book attempts to answer the question of whether in the system in which the role of the trial is diminishing, and where the significance of criminal investigation is constantly growing, should the powers of the prosecutor at the early stage of the process be enhanced. Using a problem-oriented approach that begins with the identification of a problem and then looks for potential common solutions, the book provides a parallel analysis of each country along five possible spheres of prosecutorial engagement: commencing criminal investigation, conducting criminal investigation, undertaking the initial charging decision, imposing coercive measures and discontinuing criminal investigation. Using the competing models of the adversarial versus inquisitorial approach as a framework, the focus is on the prosecutor as a crucial figure of criminal process and investigation to various degrees in different systems. The insights of this comparative treatment are relevant to students and academics in criminal justice, criminology, law, and public policy, as well as policymakers, government officials, and others interested in legal reform." |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Karolina Kremens, LL. M., Ph. D. works as an Assistant Professor at the Department of Criminal Procedure at the Faculty of Law, Administration, and Economics, University of Wrocław, Poland. She served as an Assistant Prosecutor at the District Prosecutor's Office in Wrocław (2009-2012). Dr Kremens is the recipient of the 2016-2017 Fulbright Scholarship (University of Connecticut Law School, USA) and 2006-2007 Edward Barry McDougall Scholarship (University of Ottawa, Canada). She was awarded the Scholarship for the Outstanding Young Scholars granted by the Polish Ministry of Science and Higher Education (2017-2019). She was a visiting scholar at the Aberystwyth University (UK), University of Exeter (UK), University of Toledo (Spain), and University of Bologna (Italy). As the McDougall Memorial Professor, Dr Kremens taught Comparative Criminal Procedure at the University of Ottawa (2014- 2020). She has led and participated in many national and international research projects. Currently she leads a project titled "Reasonable Search-- Between Effective Investigation and Rights of Individual" funded by the Polish National Science Center and leads the Polish team in a project "Knowledge, Advisory and Capacity Building Information Tool for Criminal Procedural Rights in Judicial Cooperation" (CROSSJUSTICE) funded by the European Commission (Justice Programme 2018). Her research focuses on comparative and international criminal procedure, human rights and women rights during criminal proceedings and the role of the prosecutor in criminal process |
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Online resource; title from title screen (Taylor & Francis, viewed on May 11, 2021) |
| Subject |
Public prosecutors -- United States.
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Public prosecutors -- European Union countries
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Criminal procedure -- United States
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Criminal procedure -- European Union countries
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Criminal investigation -- United States
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Criminal investigation -- European Union countries
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SOCIAL SCIENCE -- Criminology.
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Criminal investigation
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Criminal procedure
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Public prosecutors
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European Union countries
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United States
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| Form |
Electronic book
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| LC no. |
2020032431 |
| ISBN |
9781003018247 |
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1003018246 |
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1000291081 |
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9781000291056 |
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1000291057 |
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9781000291025 |
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1000291022 |
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9781000291087 |
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