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The Prosecutor in Transnational Perspective$
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Erik Luna and Marianne Wade

Print publication date: 2012

Print ISBN-13: 9780199844807

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199844807.001.0001

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Is the Journey from the In-box to the Out-box a Straight Line? the Drive for Efficiency and the Prosecution of low-level Criminality in Germany

Is the Journey from the In-box to the Out-box a Straight Line? the Drive for Efficiency and the Prosecution of low-level Criminality in Germany

Chapter:
(p.37) Is the Journey from the In-box to the Out-box a Straight Line? the Drive for Efficiency and the Prosecution of low-level Criminality in Germany
Source:
The Prosecutor in Transnational Perspective
Author(s):

Shawn Boyne

Publisher:
Oxford University Press
DOI:10.1093/acprof:osobl/9780199844807.003.0004

This chapter builds on prior scholarship that highlights the rise of discretion in the German criminal justice system by identifying key organizational factors that shape the exercise of that discretion. Section I begins by reciting the basic precepts that underlie the normative theory of prosecutorial decision making. Although German legal scholars have long trumpeted prosecutors' fidelity to a uniform application of the law, this section reveals wide differences in how prosecutors exercise their discretion. Section II details the statutory reforms that grant prosecutors wide decision-making latitude. Finally, Section III describes how the organizational environment of German prosecution establishes resource levels, shapes incentives, and reinforces norms of conduct, with this environment definitively influencing how prosecutors implement the law.

Keywords:   German criminal justice system, discretion, prosecutorial decision-making, prosecutors, organizational factors

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