Recasting Prosecutorial Discretion

Plea Bargaining and Prosecutorial Discretion

Controlling Prosecutorial Discretion in Germany

Prosecutorial Discretion in Mutual Fund Settlement Negotiations, 2003-7

This paper examines the negotiated settlements of 20 market timing and late trading cases, comparing the restitution obtained for shareholders with an estimate of shareholder dilution. This restitution ratio varies from 0.04 to 5, or from 0.1 to 10 if penalties are included. While some of this variation is explained by differences in the defendants’ conduct, controlling for this, settlement neg...

Prosecutorial Discretion and the Neglect of Juvenile Shielding Statutes

Prosecutorial Discretion at the International Criminal Court: A Comparative Study

In International Criminal Court (ICC), the prosecutorial discretion in nature is a hybrid of the common-law adversarial model and the inquisitorial approach of civil-law systems. This paper studies the ICC prosecutorial discretion from the perspectives of common law and civil law and draws the conclusion that the ICC needs some more time to carefully design the prosecutorial discretion to reach...