The role of the public prosecutor in sentencing has become the subject of intense debate in recent years. In this original study the author assesses the influence of the public prosecutor in Scotland, the Netherlands, England and Wales and Germany over the process of sentencing offenders in the criminal justice system. This study offers a detailed analysis of prosecutorial power to issue sanctions, such as fines, warnings and referrals to rehabilitation at the pre-trial stage, and develops three new models of justice seeking to analyze and explain the increasing use of prosecutorial power. It will be of great interest to all scholars of the criminal justice system and the sentencing of offenders, and in comparative criminal justice policy and practice.

Public Prosecutors and Discretion: A Comparative Study (Oxford Monographs on Criminal Law and Justice)

Business & Money

Fionda, Julia

Management & Leadership

Clarendon Press

Youth Justice is a key area of the current governments criminal justice policy in England and Wales. It has been the subject of an inordinate amount of recent legislation seeking to enhance the criminal courts powers to punish and prevent offending and re-offending by young people. This legislation attempts to prevent offending through criminal justice measures and there is little attempt to use non-criminal or civil law procedures to achieve the same result. This book seeks to challenge that focus and to question why delinquency in young people has been so firmly criminalized in this jurisdiction. 
The book addresses the consequences of criminalization in terms of the effectiveness of the measures used as well as the implications for the social construction of youth and childhood and our attitudes towards the young. Criminalization of young peoples behaviour results in them being labeled as criminal,losing identity as an individual, losing their childhood through the process of taking adult responsibility for their actions and, in policy terms, becoming viewed as a crime problem rather than as a product of failing social policy regarding employment, education and youth culture. At a society level it is contended that the identification of young people with criminal activity and the negative public image that results creates a culture of fear and distrust which may in turn create further possibilities for criminalization of their behaviour. A comparative perspective in this work examines welfare-based responses to youth crime in other European jurisdictions and questions whether the criminal justice process is an appropriate context in which to deal with young peoples problematic behaviour.
This book has been shortlisted for the 2007 SLSA Book Prize.

Devils and Angels: Youth, Policy and Crime

Politics & Social Sciences

Social Sciences

Hart Publishing

The Briefcase series is designed for undergraduate law students to assist with understanding the essential principles of key cases in each subject area. The simple and easy to follow layout includes a summary of key cases and relevant legislation under various topic areas, which can be read in conjunction with larger texts. The Briefcase series provides useful summaries for students new to the topic as well as a refresher for those revising for exams. This book contains notes on all the major cases in criminal law. Many recent and significant House of Lords' cases have been discussed, including Gomez on theft, Woollin on intention, Smith (Morgan) on provocation, Kingston on intoxication and RvR on rape. The third edition has been fully updated to take into account recent cases such as Abdul Hussein on duress of circumstances, Re A (Conjoined Twins) on necessity, Hinks on appropriation and RvG which overrules Caldwell. Significant legislative changes have also been included and their impact on the case law considered. All the major offences covered on AS and A2 level and undergraduate courses in criminal law are discussed, as are leading cases on statutory and common law defences. The book traces common law developments relating to mens rea issues as well as levels of criminal liability, including attempted offences and complicity. This book will act as a useful and concise guide to students at all levels to the complex and often confusing developments of precedent in criminal law.

Briefcase on Criminal Law (Briefcase Series)

Bryant, Michael

Routledge-Cavendish

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