Suchergebnisse

"This book provides the first scholarly investigation of prosecutorial discretion in the International Criminal Court (ICC) from an interdisciplinary perspective. This work analyses the discretionary power of the ICC prosecutor and its scope. It explains that there is a tendency to overlook the necessity of distinguishing between the various usages of discretion when exercised as a power authorised by the law and effect when applying indeterminate legal thresholds. The author argues that the latter indeterminacy may give decision-makers an unwarranted opportunity to exercise a wide range of discretion, where extra-legal factors may be considered. In comparison, prosecutorial discretion allows decision-makers to consider extra-legal considerations. This book also discusses the relevance of political considerations within the decision-making process in the context of the exercise of prosecutorial discretion. It suggests that there need not be a conflict between the broad sense of justice as outlined in the statute and political factors in giving effect to decisions. This book will be of interest to students of international law, global governance and International Relations"--

The vast majority of criminal court cases are settled through the plea-bargaining process; only a few actually reach the trial stage. Previous research suggests a significant relationship between greater press coverage and plea-bargaining behavior. The authors seek to understand the effect of press coverage on the prosecutor's decision to try the case. They study the dispositions of homicides for an 11-year period (1980-1990) for a southwestern city of average population (120,000) that spans the tenure of three district attorneys. The relationship between the political agenda of the prosecutor and the disposition of murders is not as clear as previous research suggests. No significant relationships are found between press coverage and the disposition of the case.