The Democratic Accountability of Prosecutors in England and Wales and France: Independence, Discretion and Managerialism

Chapter in: Langer, M. and Slansky, D. - Prosecutors and Democracy, Cambridge University Press, 2017, Forthcoming

41 Pages Posted: 17 Jan 2017

See all articles by Jacqueline Hodgson

Jacqueline Hodgson

University of Warwick - School of Law

Date Written: January 12, 2017

Abstract

This paper considers the changing role and power base of the prosecutor, with particular focus on her relationship with the police, on whom she depends for the investigation and evidence gathering that will form the basis of the decision to prosecute. It examines the contrasting ways in which prosecution policy is developed and executed in England and Wales and in France, its relationship to the public and to the executive, and the importance of the professional role and status of the prosecutor in defining her relationship with political hierarchies and so democratic accountability. It also reflects on the importance of the individual prosecutor as an independent professional - the extent to which she is a cog in the machine of national policy, is driven by bureaucratic and managerialist imperatives, or she enjoys individual discretion rooted in her professional expertise and ideology.

Keywords: prosecution, comparative, criminal justice

JEL Classification: K14

Suggested Citation

Hodgson, Jacqueline S., The Democratic Accountability of Prosecutors in England and Wales and France: Independence, Discretion and Managerialism (January 12, 2017). Chapter in: Langer, M. and Slansky, D. - Prosecutors and Democracy, Cambridge University Press, 2017, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2898138

Jacqueline S. Hodgson (Contact Author)

University of Warwick - School of Law ( email )

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United Kingdom
02476 524163 (Phone)
02476 524105 (Fax)

HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/hodgson

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