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The German Prosecution Service - Guardians of the Law? (Paperback, Softcover reprint of the original 1st ed. 2014)
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The German Prosecution Service - Guardians of the Law? (Paperback, Softcover reprint of the original 1st ed. 2014)
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Acclaimed as the "the most objective prosecutors in the world", the
German prosecution service has long attracted the attention in the
past of comparative law scholars. At first glance, the
institutional position and statutory mandate of German prosecutors
indicate that that reputation is well-deserved. Unfortunately, the
introduction of charge-bargaining has opened the door to criticism
that German prosecutors have abandoned their role of objective
decision-makers. Using interview data collected from interviews
with German prosecutors themselves as well as quantitative data,
the book uses the actual voices of German prosecutors to show how
real-world constraints, rather than changes in the law, undermine
the ability of German prosecutors to objectively seek the truth.
The book will take readers behind closed doors where prosecutors
discuss case decisions and unveil the realities of practice. As a
result, it will critically revise previous studies of German
prosecution practices and offer readers a well-researched
ethnographic analysis of actual German decision-making practices
and the culture of the prosecution service. Unlike prosecutors in
America's adversarial system, whom critics claim are driven by a
"conviction-mentality" and gamesmanship, German prosecutors are
institutionally positioned to function as (at least semi-)judicial
officials dedicated to finding a case's objective truth. The book
argues that, organizational incentives and norms, rather than the
boundaries of the law determinately shapes how prosecutors
investigate and prosecute crime in Germany.
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