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

By: Gilliéron, Gwladys.
Material type: TextTextSeries: eBooks on Demand.Publisher: Dordrecht : Springer, 2014Description: 1 online resource (381 p.).ISBN: 9783319045047.Subject(s): Criminal justice, Administration of -- Political aspects -- United States | Criminal justice, Administration of -- United States | Criminal justice, Administration ofGenre/Form: Electronic books.Additional physical formats: Print version:: Public Prosecutors in the United States and Europe : A Comparative Analysis with Special Focus on Switzerland, France, and GermanyDDC classification: 345.401262 | 364.973 Online resources: Click here to view this ebook.
Contents:
Preface and Acknowledgements; Abbreviations; Contents; List of Figures; List of Tables; Chapter 1: Aim, Approach, and Methodology of the Study; 1.1 Introduction; 1.2 Aim of the Study; 1.3 Approach; 1.4 Methodology of the Study; References; Chapter 2: Methods for Coping with Overloaded Criminal Justice Systems; 2.1 Overview; 2.2 Decriminalization of Material Law; 2.3 Discretionary Powers; 2.4 Alternative Proceedings; References; Chapter 3: The Criminal Justice Systems Studied; 3.1 The United States Criminal Justice System; 3.1.1 Overview
3.1.2 Main Features of the United States Criminal Procedure3.1.2.1 The Ex Officio Principle; 3.1.2.2 Principle of Opportunity; 3.1.2.3 The Adversarial and Accusatorial Nature of Criminal Proceedings; 3.1.2.4 Legal Rights of the Accused: The Bill of Rights; 3.1.2.4.1 The Fifth Amendment; 3.1.2.4.2 The Sixth Amendment; 3.1.2.4.3 The Eight Amendment; 3.1.2.5 Victims´ Rights; 3.1.2.5.1 The Emergence of Crime Victim Rights and Remedies; 3.1.2.5.2 Crime Victim Rights and Remedies; 3.1.2.5.3 The Definition of a ``Victim´´; 3.1.2.5.4 The Definition of a ``Crime´´
3.2 The Swiss Criminal Justice System3.2.1 Overview; 3.2.2 Main Features of the Swiss Criminal Procedure; 3.2.2.1 The Ex Officio Principle (Article 2 CCrP); 3.2.2.2 Principle of Legality (Article 7 CCrP); 3.2.2.3 Exceptions to the Principle of Legality; 3.2.2.3.1 Introduction of a Moderate Principle of Opportunity (Article 8 CCrP); 3.2.2.3.2 Offenses Prosecutable upon Victim´s Request; 3.2.2.3.3 Other Exceptions; 3.2.2.4 Principle of Instruction (Article 6 CCrP); 3.2.2.5 Inquisitorial and Accusatorial Elements in the Swiss Criminal Procedure; 3.2.2.6 Legal Rights of the Accused
3.2.2.6.1 The Right to Be Heard (Article 107 CCrP)3.2.2.6.2 The Right to Remain Silent or the Right Against Self-Incrimination (Article 113 CCrP); 3.2.2.6.3 Presumption of Innocence and the Principle In Dubio Pro Reo (Article 10 CCrP); 3.2.2.6.4 Ne Bis In Idem (Article 11 CCrP); 3.2.2.6.5 Equality Before the Law and Requirement of Fairness (Article 3 CCrP); 3.2.2.7 Victims´ Rights; 3.2.2.7.1 The Emergence of Crime Victim Rights and Remedies; 3.2.2.7.2 Victim´s Rights Within Criminal Proceedings According to the Swiss Code of Criminal Procedure
3.2.2.7.3 Victim´s Rights According to the Victims of Crime Act3.2.2.7.4 The Definition of ``Victim´´; 3.2.2.7.5 The Definition of a ``Crime´´; 3.3 Comparison of U.S. and Swiss Prosecution Systems; References; Chapter 4: History of the Public Prosecutor; 4.1 Historical Background of the American Public Prosecutor; 4.1.1 The English Attorney General; 4.1.2 The Dutch Schout; 4.1.3 The French Procureur Publique; 4.1.4 American Public Prosecutor as a Result of His Environment; 4.1.4.1 From Private to Public Prosecution; 4.1.4.2 From Centralized to Decentralized Prosecution
4.1.4.3 From Appointed to Elected Status
Summary: 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 r
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Preface and Acknowledgements; Abbreviations; Contents; List of Figures; List of Tables; Chapter 1: Aim, Approach, and Methodology of the Study; 1.1 Introduction; 1.2 Aim of the Study; 1.3 Approach; 1.4 Methodology of the Study; References; Chapter 2: Methods for Coping with Overloaded Criminal Justice Systems; 2.1 Overview; 2.2 Decriminalization of Material Law; 2.3 Discretionary Powers; 2.4 Alternative Proceedings; References; Chapter 3: The Criminal Justice Systems Studied; 3.1 The United States Criminal Justice System; 3.1.1 Overview

3.1.2 Main Features of the United States Criminal Procedure3.1.2.1 The Ex Officio Principle; 3.1.2.2 Principle of Opportunity; 3.1.2.3 The Adversarial and Accusatorial Nature of Criminal Proceedings; 3.1.2.4 Legal Rights of the Accused: The Bill of Rights; 3.1.2.4.1 The Fifth Amendment; 3.1.2.4.2 The Sixth Amendment; 3.1.2.4.3 The Eight Amendment; 3.1.2.5 Victims´ Rights; 3.1.2.5.1 The Emergence of Crime Victim Rights and Remedies; 3.1.2.5.2 Crime Victim Rights and Remedies; 3.1.2.5.3 The Definition of a ``Victim´´; 3.1.2.5.4 The Definition of a ``Crime´´

3.2 The Swiss Criminal Justice System3.2.1 Overview; 3.2.2 Main Features of the Swiss Criminal Procedure; 3.2.2.1 The Ex Officio Principle (Article 2 CCrP); 3.2.2.2 Principle of Legality (Article 7 CCrP); 3.2.2.3 Exceptions to the Principle of Legality; 3.2.2.3.1 Introduction of a Moderate Principle of Opportunity (Article 8 CCrP); 3.2.2.3.2 Offenses Prosecutable upon Victim´s Request; 3.2.2.3.3 Other Exceptions; 3.2.2.4 Principle of Instruction (Article 6 CCrP); 3.2.2.5 Inquisitorial and Accusatorial Elements in the Swiss Criminal Procedure; 3.2.2.6 Legal Rights of the Accused

3.2.2.6.1 The Right to Be Heard (Article 107 CCrP)3.2.2.6.2 The Right to Remain Silent or the Right Against Self-Incrimination (Article 113 CCrP); 3.2.2.6.3 Presumption of Innocence and the Principle In Dubio Pro Reo (Article 10 CCrP); 3.2.2.6.4 Ne Bis In Idem (Article 11 CCrP); 3.2.2.6.5 Equality Before the Law and Requirement of Fairness (Article 3 CCrP); 3.2.2.7 Victims´ Rights; 3.2.2.7.1 The Emergence of Crime Victim Rights and Remedies; 3.2.2.7.2 Victim´s Rights Within Criminal Proceedings According to the Swiss Code of Criminal Procedure

3.2.2.7.3 Victim´s Rights According to the Victims of Crime Act3.2.2.7.4 The Definition of ``Victim´´; 3.2.2.7.5 The Definition of a ``Crime´´; 3.3 Comparison of U.S. and Swiss Prosecution Systems; References; Chapter 4: History of the Public Prosecutor; 4.1 Historical Background of the American Public Prosecutor; 4.1.1 The English Attorney General; 4.1.2 The Dutch Schout; 4.1.3 The French Procureur Publique; 4.1.4 American Public Prosecutor as a Result of His Environment; 4.1.4.1 From Private to Public Prosecution; 4.1.4.2 From Centralized to Decentralized Prosecution

4.1.4.3 From Appointed to Elected Status

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 r

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