Download or read book Prosecutorial Discretion in Germany s Rechtsstaat written by Shawn Boyne and published by . This book was released on 2007 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The German Prosecution Service written by Shawn Marie Boyne and published by Springer Science & Business Media. This book was released on 2013-11-19 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acclaimed as the "the most objective prosecutors in the world", the German prosecution service has long attracted the attention in the past of comparative law scholars. At first glance, the institutional position and statutory mandate of German prosecutors indicate that that reputation is well-deserved. Unfortunately, the introduction of charge-bargaining has opened the door to criticism that German prosecutors have abandoned their role of objective decision-makers. Using interview data collected from interviews with German prosecutors themselves as well as quantitative data, the book uses the actual voices of German prosecutors to show how real-world constraints, rather than changes in the law, undermine the ability of German prosecutors to objectively seek the truth. The book will take readers behind closed doors where prosecutors discuss case decisions and unveil the realities of practice. As a result, it will critically revise previous studies of German prosecution practices and offer readers a well-researched ethnographic analysis of actual German decision-making practices and the culture of the prosecution service. Unlike prosecutors in America's adversarial system, whom critics claim are driven by a "conviction-mentality" and gamesmanship, German prosecutors are institutionally positioned to function as (at least semi-)judicial officials dedicated to finding a case's objective truth. The book argues that, organizational incentives and norms, rather than the boundaries of the law determinately shapes how prosecutors investigate and prosecute crime in Germany.
Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Download or read book The Remnants of the Rechtsstaat written by Jens Meierhenrich and published by Oxford University Press. This book was released on 2018 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an intellectual history of Ernst Fraenkel's classic The Dual State (1941), recently republished by OUP, and one of the most erudite books on the theory of dictatorship ever written. It was the first comprehensive analysis of the nature and rise of Nazism, and the only such analysis written from within Hitler's Germany.
Download or read book Prosecutors and Democracy written by Máximo Langer and published by Cambridge University Press. This book was released on 2017-10-26 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first sustained, scholarly examination of the relationship between prosecutors and democracy from a cross-national, cross-disciplinary perspective. Written by a team of internationally distingushed contributors, this is an ideal resource for legal scholars and reformers, political philosophers, and social scientists.
Download or read book Public Administration in Germany written by Sabine Kuhlmann and published by Springer Nature. This book was released on 2021-01-29 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents a topical, comprehensive and differentiated analysis of Germany’s public administration and reforms. It provides an overview on key elements of German public administration at the federal, Länder and local levels of government as well as on current reform activities of the public sector. It examines the key institutional features of German public administration; the changing relationships between public administration, society and the private sector; the administrative reforms at different levels of the federal system and numerous sectors; and new challenges and modernization approaches like digitalization, Open Government and Better Regulation. Each chapter offers a combination of descriptive information and problem-oriented analysis, presenting key topical issues in Germany which are relevant to an international readership.
Download or read book Discretionary Justice written by Kenneth Culp Davis and published by Baton Rouge : Louisiana State University Press. This book was released on 1969 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Japan s Prosecution Review Commission written by David T. Johnson and published by Springer Nature. This book was released on 2023-01-01 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains Japan’s unique Prosecution Review Commission (PRC) which is composed of eleven lay people selected randomly from voter registration lists. Each of the country’s 165 PRCs reviews non-charge decisions made by professional prosecutors and determines which cases should be reinvestigated or charged. PRCs also provide prosecutors with general proposals and recommendations for improving their policies and practices. The book analyzes the history and operations of the PRC and uses statistics and case studies to examine its various impacts, from legitimation and shadow effects to kickbacks and mandatory prosecution. More broadly, this book explores a problem that is common in many criminal justice systems: how to hold prosecutors accountable for their non-charge decisions. It discusses the potential these panels have for improving the quality of criminal justice in Japan and other countries, and it will appeal to scholars and students studying prosecution and democracy, criminal justice, criminology, lay participation, justice reform, and Japanese studies.
Download or read book Traditions and Change in European Administrative Law written by Roberto Caranta and published by Apollo Books. This book was released on 2011 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The background to this collection of paper is formed by the changes in contremporary society. In modern-day western societies it is the thought that individualism trumps collectivisim. There is change from the paradigm of hierarchy to a paradigm of cooperation. This effects administrative law, which is traditionallly top-down, but is slowly accepting and incorporating mechanism of negotiation and bottom up involvement of stakeholders and concerned individuals. The contributors to his volume investigate, these changes in administrative law and provide an assessment as to whether and to what extent they are reflected in the way judicial review of governmental action is shaped. The analysis covers the EU and a number of EU jurisdictions (France, Germany, United Kingdom, the Netherland, Italy and Romania.) representing different administrative law traditions and being differently responsive to change. To provide an outside comparision, the US administrative system is also covered. Book jacket.
Download or read book Civil Disobedience and the German Courts written by Peter E. Quint and published by Routledge. This book was released on 2007-12-17 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is the first full-length English language treatment of the civil disobedience of the West German Peace Movement in the 1980s and the resulting trials of some of its members in the German Constitutional Court. The book uses these events and critical cases to analyze the German Constitutional Court as a crucial institution of government, and it also places the outcomes of the cases at an important turning-point in German constitutional history.
Download or read book The Judge and the Proportionate Use of Discretion written by Sofia Ranchordás and published by Routledge. This book was released on 2015-06-12 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found. This book will be of great interest to scholars of public and administrative law, and EU law.
Download or read book Comparing Tort and Crime written by Matthew Dyson and published by Cambridge University Press. This book was released on 2015-07-02 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: First English-language comparative volume to study where, how and why tort and crime interact. Covers common and civil law countries.
Download or read book Charged written by Emily Bazelon and published by Random House Trade Paperbacks. This book was released on 2020-05-05 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER • A renowned journalist and legal commentator exposes the unchecked power of the prosecutor as a driving force in America’s mass incarceration crisis—and charts a way out. “An important, thoughtful, and thorough examination of criminal justice in America that speaks directly to how we reduce mass incarceration.”—Bryan Stevenson, author of Just Mercy “This harrowing, often enraging book is a hopeful one, as well, profiling innovative new approaches and the frontline advocates who champion them.”—Matthew Desmond, author of Evicted FINALIST FOR THE LOS ANGELES TIMES BOOK PRIZE • SHORTLISTED FOR THE J. ANTHONY LUKAS BOOK PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY NPR • The New York Public Library • Library Journal • Publishers Weekly • Kirkus Reviews The American criminal justice system is supposed to be a contest between two equal adversaries, the prosecution and the defense, with judges ensuring a fair fight. That image of the law does not match the reality in the courtroom, however. Much of the time, it is prosecutors more than judges who control the outcome of a case, from choosing the charge to setting bail to determining the plea bargain. They often decide who goes free and who goes to prison, even who lives and who dies. In Charged, Emily Bazelon reveals how this kind of unchecked power is the underreported cause of enormous injustice—and the missing piece in the mass incarceration puzzle. Charged follows the story of two young people caught up in the criminal justice system: Kevin, a twenty-year-old in Brooklyn who picked up his friend’s gun as the cops burst in and was charged with a serious violent felony, and Noura, a teenage girl in Memphis indicted for the murder of her mother. Bazelon tracks both cases—from arrest and charging to trial and sentencing—and, with her trademark blend of deeply reported narrative, legal analysis, and investigative journalism, illustrates just how criminal prosecutions can go wrong and, more important, why they don’t have to. Bazelon also details the second chances they prosecutors can extend, if they choose, to Kevin and Noura and so many others. She follows a wave of reform-minded D.A.s who have been elected in some of our biggest cities, as well as in rural areas in every region of the country, put in office to do nothing less than reinvent how their job is done. If they succeed, they can point the country toward a different and profoundly better future.
Download or read book Tradition and Change in Administrative Law written by Marina Künnecke and published by Springer Science & Business Media. This book was released on 2007-08-01 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative legal systems are based on national constitutional legal traditions and cultural values. This book offers a historical and comparative analysis of English and German Administrative law. There is a growing need for comparative material and analysis in Administrative law - this book provides a valuable contribution to this field.
Download or read book Twentieth Century German Political Thought written by Peter M. R. Stirk and published by Edinburgh University Press. This book was released on 2006-03-13 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Germany, as Europe's most powerful state, has a political significance which underlines the importance of twentieth-century German political thought. Yet this tradition has been poorly represented in academic literature. This book offers: * an account of German political thought emphasising its diversity and contested nature * an overview of the subject that allows access to relatively unknown figures as well as the 'names' of the tradition (Weber, Schmitt, Arendt, Habermas) * a demonstration of the political significance of figures better known in other disciplines including law and sociology The book is organised chronologically, with a series of recurrent themes providing analytic unity: (i) the nature of politics (including political vocation and leadership, and definitions of politics), (ii) collective identity, (iii) the rule of law, (iv) the role of the state, (v) the role of political parties and the nature of parliamentary democracy, (vi) state intervention in society and the economy, and (vii) the international order. Pedagogical features include a glossary of German terms and a substantial set of biographical notes identifying the major theorists referred to in the text.
Download or read book Federalism In The Making written by McWhinney and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long-continuing constitutional debate, within Canada has brought a search today for new constitutional-governmental models of paradigms capable of taking us all safely into the twenty-first century. For students of Contemporary Constitutionalism, no country's experience has been more seriously studied than that of the West German federal state formed out of the three Western zones of Germany in 1949 and endowed with what was then described as a temporary governmental charter, pending final reunification of Germany. This volume is the result of a special bilateral Canadian-German conference organised by the Simon Fraser University and the Goethe-Institut of Vancouver in 1991 on the theme `The Challenge of Contemporary Constitutionalism: Canadian and German Federalism-in-the-Making'. The essays it contains, from many distinguished judges and professors from both countries, form a unique contribution both to scientific knowledge in Constitutionalism and to current ventures in Constitution-making and drafting in a number of countries -- Western and Eastern Europe, North America -- around the world.
Download or read book European Administrative Law written by Jürgen Schwarze and published by Sweet & Maxwell Limited. This book was released on 2006-01-01 with total page 1562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the development of an administrative law system in EU law, as distinct from the separate systems in member states' laws; shows how the general principles of administrative law are applied by the European courts; explains the impact of the European system on the national systems of administrative law; and more.
