Challenges in Charge Selection: Considerations Informing the Number of Charges and Cumulative Charging Practices

Xabier Agirre et al (eds), Quality Control in Criminal Investigation (Torkel Opsahl Academic ePublisher, 1st ed, 2020) 703.

Grotius Centre Working Paper Series No 2020/093-ICL (9 November 2020)

35 Pages Posted: 5 Feb 2021

See all articles by Cale Davis

Cale Davis

Leiden University - Leiden Law School

Date Written: November 9, 2020

Abstract

This chapter has three broad purposes. First, it attempts to highlight the weaknesses of deontological approaches in analyzing or guiding the charging discretion by demonstrating that the factors that affect how the discretion is exercised do not lend themselves to normative constraint. Second, it represents an attempt to turn the discussion regarding charge selection towards the views of the people exercising the discretion by drawing heavily upon the author’s own interviews with international prosecutors. Third, it hopes to encourage the quality of choices to be assessed by reference to the willingness of the actor who made the decision to engage in debate and discussion regarding why the choice was made.

Keywords: International Criminal Law, Statistics, Charging

JEL Classification: K33, K14

Suggested Citation

Davis, Cale, Challenges in Charge Selection: Considerations Informing the Number of Charges and Cumulative Charging Practices (November 9, 2020). Xabier Agirre et al (eds), Quality Control in Criminal Investigation (Torkel Opsahl Academic ePublisher, 1st ed, 2020) 703., Grotius Centre Working Paper Series No 2020/093-ICL (9 November 2020), Available at SSRN: https://ssrn.com/abstract=3727368

Cale Davis (Contact Author)

Leiden University - Leiden Law School ( email )

P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands

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