The German Prosecution Service

Guardians of the Law?

Authors: Boyne, Shawn Marie

  • ​​Unique, ethnographic study of a prosecutorial decision-making that contrasts with decision-making in an adversarial system
  • Detailed quotations from German lawyers
  • Analysis of actual case studies
  • On-the-ground analysis of the German prosecution service rather than academic theory
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eBook $99.00
price for USA (gross)
  • ISBN 978-3-642-40928-8
  • Digitally watermarked, DRM-free
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  • Immediate eBook download after purchase
Hardcover $129.00
price for USA
  • ISBN 978-3-642-40927-1
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $129.00
price for USA
  • ISBN 978-3-662-51210-4
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

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.

Table of contents (9 chapters)

  • Introduction

    Boyne, Shawn Marie

    Pages 1-20

  • The Normative Vision of the Prosecution Service

    Boyne, Shawn Marie

    Pages 21-33

  • The Organization of Prosecution

    Boyne, Shawn Marie

    Pages 35-61

  • Everyday Practice and Low-Level Crime

    Boyne, Shawn Marie

    Pages 63-89

  • Discretion and Major Crimes

    Boyne, Shawn Marie

    Pages 91-118

Buy this book

eBook $99.00
price for USA (gross)
  • ISBN 978-3-642-40928-8
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $129.00
price for USA
  • ISBN 978-3-642-40927-1
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $129.00
price for USA
  • ISBN 978-3-662-51210-4
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
The German Prosecution Service
Book Subtitle
Guardians of the Law?
Authors
Copyright
2014
Publisher
Springer-Verlag Berlin Heidelberg
Copyright Holder
Springer-Verlag Berlin Heidelberg
eBook ISBN
978-3-642-40928-8
DOI
10.1007/978-3-642-40928-8
Hardcover ISBN
978-3-642-40927-1
Softcover ISBN
978-3-662-51210-4
Edition Number
1
Number of Pages
XV, 249
Number of Illustrations and Tables
1 b/w illustrations
Topics