Showing papers in "European Journal on Criminal Policy and Research in 2008"
32 citations
TL;DR: In this article, the authors present the core issue of an 11 European countries study on the processes of diversion and prosecution with the public prosecutor as the key player, where the public prosecution service fulfils a selective function which differs from country to country according to its legal status and discretionary powers.
Abstract: This article presents the core issue of an 11 European countries study on the processes of diversion and prosecution with the public prosecutor as the key player. In consequence of a high workload large proportions of mass crimes are not brought before court, but are ended at earlier stages of criminal justice systems. Here the public prosecution service fulfils a selective function which differs from country to country according to its legal status and discretionary powers. Therefore the prosecutorial case-ending decisions in form of dismissal of proceedings, conditional disposals and penal orders can not be treated in isolation, but in dependence of its role within the whole criminal justice system and especially of the input from the police level.
25 citations
TL;DR: In this paper, the effect of criminal certainty, severity, and celerity of punishment on the potential deterrent effect of three different criminal deterrence theory policy tools, including criminal certainty and severity, was examined.
Abstract: In this paper, we test the effect of three different criminal deterrence theory policy tools: criminal certainty, severity, and celerity of punishment. Whereas most criminal deterrence studies in this field focus on the former two components of deterrence theory, this study also examines the potential deterrent effect of the latter component. Using a time-series design with monthly data, we estimate the effects of an increase in the threat of punishment for traffic offenses resulting from a general increase in fines for traffic offenses, an increase in the probability of getting caught with a blood-alcohol concentration (BAC) level outside the legal limits, and the enactment of an “on-the-spot” fine payment policy in Portugal. We find strong evidence to support a severity effect. An increase in the statutory severity of sentence maxima for traffic violations leads to a decrease in accident and injury rates—approximately an average 0.5 percent reduction in monthly accident and injury rates. Changes in the BAC levels and the mandatory swift payment policy did not produce any convincing deterrence impact.
19 citations
TL;DR: The treatment of juveniles within the criminal justice systems is a matter of great variety in the 11 European countries studied in this article and the authors focus on the age of criminal responsibility, ways to divert juvenile offenders from criminal justice system or avoid criminal justice responses to them, juvenile proceedings and special reactions and sanctions.
Abstract: The treatment of juveniles within the criminal justice systems is a matter of great variety in the 11 European countries studied comparatively. The study focuses on the age of criminal responsibility, ways to divert juvenile offenders from the criminal justice system or avoid criminal justice responses to them, juvenile proceedings and special reactions and sanctions. In spite of different approaches there is a common trend towards preventing juvenile offenders from being treated by criminal courts and being sentenced to criminal sanctions.
16 citations
TL;DR: The national criminal justice system of Hungary is described in this article, where special attention is paid to the Prosecution Service Function within this framework and its relationship to the police and courts.
Abstract: The national criminal justice system of Hungary is described. Special attention is paid to the Prosecution Service Function within this framework and its relationship to police and courts. The article not only refers to legal provisions but to the factual handling of criminal cases as well.
14 citations
TL;DR: The criminal justice system of Basel is described as a cantonal example for Switzerland in this paper, where special attention is paid to the Prosecution Service Function within this framework and its relationship to police and courts.
Abstract: The criminal justice system of Basel is described as a cantonal example for Switzerland. Special attention is paid to the Prosecution Service Function within this framework and its relationship to police and courts. The article not only refers to legal provisions but to the factual handling of criminal cases as well.
14 citations
TL;DR: In this paper, the legal and practical possibilities of the police to either end or start criminal justice systems in various European countries are discussed, focusing on the role of police within the criminal justice system.
Abstract: This article refers to the function of the Police within the criminal justice systems in various European countries. It focuses on the legal and practical possibilities of the Police to either end ...
13 citations
TL;DR: The national criminal justice system of Spain is described in this article, with special attention paid to the function of the Public Prosecution Services within this framework and its relationship to police and courts.
Abstract: The national criminal justice system of Spain is described. Special attention is paid to the function of the Public Prosecution Services within this framework and its relationship to police and courts. The article not only refers to legal provisions but to the factual handling of criminal cases as well.
13 citations
TL;DR: In this article, the authors present the aims, approach and design of a 11 countries study on diversion and prosecution in European criminal justice systems, where the basic assumption is that the flood of proceedings is mastered by procedural short cuts and simplifications with the public prosecutor as the key player.
Abstract: This article presents the aims, approach and design of a 11 countries study on diversion and prosecution in European Criminal Justice Systems. The basic assumption is that the flood of proceedings is mastered by procedural short cuts and simplifications with the public prosecutor as the key player. The article describes the methods developed in order to compare the different national concepts and and competencies of criminal justice agencies and procedures. Furthermore, it demonstrates the interdependencies of the various articles in this double issue focusing on different parts of the criminal justice system from police to the court.
12 citations
TL;DR: The national criminal justice system of Turkey is described in this paper, where special attention is paid to the Prosecution Service Function within this framework and its relationship to police and courts, not only referring to legal provisions but to the factual handling of criminal cases as well.
Abstract: The national criminal justice system of Turkey is described. Special attention is paid to the Prosecution Service Function within this framework and its relationship to police and courts. The article not only refers to legal provisions but to the factual handling of criminal cases as well.
10 citations
TL;DR: The national criminal justice system of Croatia is described in this article, where special attention is paid to the Prosecution Service Function within this framework and its relationship to the police and courts.
Abstract: The national criminal justice system of Croatia is described. Special attention is paid to the Prosecution Service Function within this framework and its relationship to police and courts. The article not only refers to legal provisions but to the factual handling of criminal cases as well.
TL;DR: In this article, a small opinion survey of Swiss bank employees was conducted to explore perceptions of seriousness and concern about white-collar crime among people who, in their position, might have to face this issue regularly.
Abstract: Scientifically, little is known about white-collar crime in Switzerland or concern about white-collar crime and even less about how concerned bank employees are about this criminality. This article is based on a small opinion survey of Swiss bank employees and tries to explore perceptions of seriousness and concern about white-collar crime among people who, in their position, might have to face this issue regularly. Past assumptions on the public’s indifference towards white-collar crime seem not to be confirmed in this study as the results obtained demonstrate a greater sensitivity with respect to white-collar crime and especially towards crimes perpetrated by corporations. Even though Swiss bank employees do qualify white-collar offences as very serious acts, they are still more punitive with regard to ordinary crimes.
TL;DR: In this article, a special type of fast-tracked case-ending decisions called Negotiated Case-Ending Settlements (SES) are studied in six of 11 countries studied, namely, in England & Wales, Croatia, France, Hungary, Poland and Spain.
Abstract: The subject of this article is a special type of fast-tracked case-ending decisions called “negotiated case-ending settlements”. Those proceedings are based on a kind of agreement between the parties, end with a real conviction of the offender and their legal consequence is a true but mitigated punishment. They can be found in six of 11 countries studied, namely, in England & Wales, Croatia, France, Hungary, Poland and Spain. The English guilty plea procedures, the French appearance before a court after prior admission of guilt and the Polish prosecutor’s application for a conviction to be rendered without a trial as well as the voluntary submission to penalty are examined more closely here. The comparative study focuses on the stage, where the negotiation is made, the conditions for the use of these settlements and the PPS’s role therein.
TL;DR: In this paper, the authors focused on the role of the police role in the investigative stage in various criminal justice systems and the relationship with each national prosecution service and showed that in this res...
Abstract: The article concentrates on the police role in the investigative stage in various criminal justice systems and the relationship with each national prosecution service. It is shown that in this res ...
TL;DR: In this paper, a qualitative assessment of the application and execution of alternative measures and sanctions for drug users, based on semi-structured face-to-face interviews in which stakeholders (magistrates, judicial assistants and social workers) and drug users were asked for their attitudes towards these sanctions and the factors that influence them in their convictions and beliefs.
Abstract: Different judicial alternative sanctions and measures exist on the three levels of the criminal justice system. These alternative sanctions and measures can be applied to a specific target group, namely drug users. The current study is a qualitative assessment of the application and execution of alternative measures and sanctions for drug users, based on semi-structured face-to-face interviews in which stakeholders (magistrates, judicial assistants and social workers) and drug users were asked for their attitudes towards these sanctions and the factors that influence them in their convictions and beliefs. In conclusion we can state that the interviews have increased the insight in the attitudes of decision makers, social assistants, judicial assistants and drug users towards alternative sanctioning. From the interviews we learn that there are strong similarities between the three profiles, which provide for a strong basis for the continued functioning of alternative sanctioning.
TL;DR: In this article, the authors proposed an empirical analysis of the relation between the prices of illegal drugs and the use of violence to administrate the markets of illicit drugs, and they analyzed the relationship between the dynamics of cocaine and heroin prices and systemic violence in the United States of America and in Europe over two decades.
Abstract: This study proposes an empirical analysis of the relation between the prices of illegal drugs and the use of violence to administrate the markets of illegal drugs. The study hypothesizes that the prices of illegal drugs affect the level of violent crime, since changes in profitability of the drugs’ markets affect the offenders’ expected utility of using violence to operate in these markets. An increase (or decrease) in prices would raise (or reduce) the offenders’ expected utility of making use of violence, for instance, to solve disputes over drugs, to conquer more market shares, to defend ones own market share, in short to make use of systemic violence (Goldstein, P.J. Journal of Drug Issues, 39:143–179, 1985). The study will analyze the relation between the dynamics of cocaine and heroin’s prices and systemic violence in the United States of America and in Europe over two decades. The correlational and inferential analyses do support the hypothesis for certain offenders’ profiles and certain murders’ circumstances.
TL;DR: In this article, the authors present a special form of a European comparative synopsis of the criminal justice systems and their handling of specific cases and whether they do so in a similar or different way.
Abstract: The article presents a special form of a European comparative synopsis. For this case examples have been chosen ranging from administrative or minor (criminal) offences to increasingly serious offences and offenders. In this way it can be comparatively demonstrated how the criminal justice systems studied handle specific cases and whether they do so in a similar or different way.
TL;DR: In this article, the role played by prosecutors during the court stage of criminal proceedings is explored, showing how the power to decide cases is divided between judges and prosecutors when cases are taken to court, and providing information as to, e.g., what influence prosecutors in 11 study countries have on what evidence is brought to court in normal and accelerated court proceedings.
Abstract: This article explores the role played by prosecutors during the court stage of criminal proceedings. It complements Peter et al.’s chapter on negotiated case settlements in showing how the power to decide cases is divided between judges and prosecutors when cases are taken to court. Providing information as to, e.g. what influence prosecutors in the 11 study countries have on what evidence is brought to court in “normal” and accelerated court proceedings, this chapter explores the balance of responsibilities in court rooms across Europe.
TL;DR: The authors provides an overview of the various forms of proceedings available within 11 European criminal justice systems and reflects upon their core features, and provides a picture of how far alternative, non-criminal proceedings are used by some of the systems as a different path to imposing a state reaction upon wrongdoers.
Abstract: This article provides an overview of the various forms of proceedings available within 11 European criminal justice systems and reflects upon their core features. It also provides a picture of how far alternative, non-criminal proceedings are used by some of the systems as a different path to imposing a state reaction upon wrong-doers.
TL;DR: In this article, a brief overview of the division of roles during the investigative stage between Court, Public Prosecution Service (PPS) and Police is given, focusing on which actions require his/her approval.
Abstract: This article gives a brief overview of the division of roles during the investigative stage between Court, Public Prosecution Service (PPS) and Police. It explains the role either an Examining Magistrate or an Investigative Judge plays in Croatia, France, Germany, the Netherlands and Spain, presenting his/her functions and involvement in criminal investigation and especially focussing on which actions require his/her approval.
TL;DR: In this paper, a brief overview of the ways in which prosecutors must engage with victims in the course of their work in criminal proceedings and what formal roles victims can assume in criminal cases is provided.
Abstract: This article provides a brief overview of the ways in which prosecutors must engage with victims in the course of their work in criminal proceedings and what formal roles victims can assume in criminal proceedings. Besides exploring what rights victims have per se in criminal proceedings, analysis is provided as to what it means to be an additional prosecutor or a private prosecutor in several European criminal justice systems. A brief analysis of the effects these rights and the use of prosecutorial discretion has on victims is provided.
TL;DR: The authors explored the wider ambit of prosecutorial work outside classic criminal proceedings in 11 European criminal justice systems and provided an overview of the roles a prosecutor is expected to play, eg whether a contribution to national or local crime prevention policy or to act in victim's interest is expected.
Abstract: This article explores the wider ambit of prosecutorial work outside classic criminal proceedings in 11 European criminal justice systems It provides an overview of the roles a prosecutor is expected to play, eg whether a contribution to national or local crime prevention policy or to act in victim’s interest is expected It further provides detail as to the setting within which prosecutors work, describing in how far they are politically accountable and/or subject to orders in their daily work