The Prosecutor in Transnational Perspective

Erik Luna · Marianne Wade

2012년 8월 · Oxford University Press

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The American prosecutor plays a powerful role in the judicial system, wielding the authority to accept or decline a case, choose which crimes to allege, and decide the number of counts to charge. These choices, among others, are often made with little supervision or institutional oversight. This prosecutorial discretion has prompted scholars to look to the role of prosecutors in Europe for insight on how to reform the American system of justice. In The Prosecutor in Transnational Perspective, Erik Luna and Marianne Wade, through the works of their contributors coupled with their own analysis, demonstrate that valuable lessons can be learned from a transnational examination of prosecutorial authority. They examine both parallels and distinctions in the processes available to and decisions made by prosecutors in the United States and Europe. Ultimately, they demonstrate how the enhanced role of the prosecutor represents a crossroads for criminal justice with weighty legal and socio-economic consequences.

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Marianne Wade is Senior Lecturer at Birmingham Law School at the University of Birmingham. Dr. Wade was educated in Norway, the UK and Germany, and she has worked at the Department of Criminology of the University of Göttingen and the Max Planck Institute for Foreign and International Criminal Law. Her activities currently focus on European criminal law and criminal justice, as well as prosecutors and terrorism. Erik Luna is Professor of Law and Law Alumni Faculty Fellow at Washington and Lee University. Luna was a prosecutor in the San Diego District Attorney's Office and has served as the senior Fulbright Scholar to New Zealand, where he taught at Victoria University Law School and conducted research on sentencing alternatives. He is currently an Alexander von Humboldt Foundation research scholar, an adjunct scholar with the Cato Institute and a project co-director with the Max Planck Institute for Foreign and International Criminal Law. Luna teaches and writes in the areas of criminal law and criminal procedure.