Abstract
This chapter addresses some specific problems identified in the U.S. criminal justice system and proposes solutions. Furthermore, it discusses the problems related to the increase of prosecutorial power and the lessons the Swiss legal system can learn from U.S. experience.
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Notes
- 1.
Tonry (2004), pp. 206–210.
- 2.
Tonry (2004), p. 207.
- 3.
Tonry (2004), pp. 207, 209.
- 4.
Tonry (2004), p. 209.
- 5.
Tonry (2004), p. 209.
- 6.
Tonry (2004), p. 208.
- 7.
Luna and Wade (2010), pp. 1514–1526.
- 8.
- 9.
Luna and Wade (2010), pp. 1514–1519.
- 10.
Joy (2005), p. 980.
- 11.
On the reasons for misconduct, see Sect. 5.4.3.
- 12.
“Law schools fail to complement the focus on skill in legal analysis with effective support for developing ethical and social skills. Students need opportunities to learn about, reflect on and practice the responsibilities of legal professionals. Despite progress in making legal ethics a part of the curriculum, law schools rarely pay attention to the social and cultural contexts of legal institutions and the varied forms of legal practice” (Sullivan et al. 2007, p. 187).
- 13.
Sullivan et al. (2007), p. 197.
- 14.
For an overview, see Coughlin et al. (2011), pp. 283–284.
- 15.
- 16.
Luna and Wade (2010), pp. 1523–1524.
- 17.
Luna and Wade (2010), p. 1529.
- 18.
“[I]ncreasing similarity means that potential “donor” and “recipient” systems have become more compatible, thus lessening the risk of “rejection” of legal transplants. The fact that foreign systems have already borrowed many practices from the United States, and from each other, shows that such international legal transplants are indeed feasible, even across systems that remain fundamentally different in important respects.” (Frase 1998, p. 780).
- 19.
Robert Johnson was first elected in 1982 and re-elected in 1986, 1990, 1994, 1998, 2002, 2006. In 2010 he retired and thus didn’t run for election anymore.
- 20.
Informal discussion with former Anoka County Attorney Robert M. Johnson on October 4, 2010 and email exchange on November 9, 2010.
- 21.
See e.g. Gazal-Ayal (2006).
- 22.
See also Turner (2009), pp. 274–275.
- 23.
See also Luna and Wade (2010), p. 1512.
- 24.
Luna and Wade (2010), p. 1512.
- 25.
See Tonry (2004), p. 276.
- 26.
See Recommendation Rec (2000) 19 of the Council of Europe stating the following at 17: “States should take appropriate measures to ensure that the legal status, the competencies and the procedural role of public prosecutors are established by law in a way that there can be no legitimate doubt about the independence and impartiality of the court judges. In particular states should guarantee that a person cannot at the same time perform duties as a public prosecutor and as a court judge.”
- 27.
For a complete discussion of this problem, see Gilliéron (2010), pp. 101–146.
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Gilliéron, G. (2014). Thematic Problems and the Prospects for Reform. In: Public Prosecutors in the United States and Europe. Springer, Cham. https://doi.org/10.1007/978-3-319-04504-7_10
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