Controlling Prosecutorial Discretion in Germany

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...

Plea Bargaining and Prosecutorial Discretion

Prosecutorial Discretion and the Neglect of Juvenile Shielding Statutes

Rules, Resources, and Relationships: Contextual Constraints on Prosecutorial Decision Making

In the American criminal justice system, prosecuting attorneys arguably enjoy broader discretion than any other system actor. Research, however, is beginning to show that prosecutorial discretion is not nearly as unconstrained as initially thought. Relying on in-depth interviews and surveys of prosecutors in two large urban/suburban county prosecutors’ offices, this article examines prosecutors...

Rewarding Prosecutors for Performance

Prosecutorial discretion is a problem that most scholars attack from the outside. What forces should constrain or guide prosecutors to pursue the right numbers and types of cases, rank them well, treat them equally, behave ethically, invest appropriate effort, and seek fitting punishments? Most scholars favor external institutional solutions, such as ex ante legislation or ex post judicial and ...