By Gwladys Gilliéron
This learn examines the function of prosecutors in the usa and in Switzerland and is finished through an summary of the prosecution associations in France and Germany. The examine acknowledges that regardless of likely very varied criminal traditions and buildings, prosecutors in those platforms are related sufficient that every method may perhaps study from the others. Drawing upon the stories of different countries, this learn proposes strategies to the issues pointed out in reference to the location and powers of public prosecutors within the usa. in addition, it outlines the issues relating to the rise of prosecutorial strength and the teachings the ecu legal justice structures surveyed can draw from the event within the US. when it comes to method, this examine not just considers formal criminal provisions but in addition systematic structural components, educational literature and facts revealing how the legislation and governing rules truly paintings in practice.
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Additional resources for Public Prosecutors in the United States and Europe: A Comparative Analysis with Special Focus on Switzerland, France, and Germany
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References Aubusson de Cavarlay B (2006) The prosecution service function within the French criminal justice system. In: Jehle J, Wade M (eds) Coping with overloaded criminal justice systems. The rise of prosecutorial power across Europe. Springer, Berlin, pp 185–205 Davis AJ (1998) Prosecution and race: the power and privilege of discretion. Fordham Law Rev 67:13–67 Elsner B (2008) Entlastung der Staatsanwaltschaft durch mehr Kompetenzen fu¨r die Polizei? Eine deutsch-niederla¨ndisch vergleichende Analyse in rechtlicher und rechtstatsa¨chlicher Hinsicht.
In: Donatsch et al. (2010) Kommentar StPO, Art. 6, Margin Nos. 1–3. 2 The Swiss Criminal Justice System 27 The goal of the prosecution is not to seek a conviction but to discover the truth and to apply the law. As a consequence of both principles, prosecutors are required to investigate exculpatory and incriminatory circumstances with equal care (Article 6 para. 2 CCrP)91 and judges are not bound by the evidence brought before them by the parties. 94 The investigation is assigned to the prosecutor, whose duty is to collect all evidence, incriminating or exculpatory.
49–64. See also Beloof et al. (2006), pp. 521–570. 37 Doyle (2008), pp. 18–23; Tobolowsky et al. (2010), pp. 65–89. On victims’ participation in plea bargains, see Beloof et al. (2006), pp. 476–497. On the victims’ rights in plea bargains in the state of Minnesota, see Appendix III. 38 Doyle (2008), pp. 23–24; Tobolowsky et al. (2010), pp. 91–129. 39 See Doyle (2008), pp. 24–25. 40 Doyle (2008), pp. 25–27; Tobolowsky et al. (2010), pp. 151–181. 41 Doyle (2008), pp. 27–30. 42 Doyle (2008), p. 30.