Work in 3 groups; each group reads text A, B or C.

Date: 2015-10-07; view: 423.

Text 1

Unit 1 Leadership

Questions and tasks to Part 2

Prosecutorial discretion

In all legal systems the prosecutor should bring an accusation only if he thinks that the available evidence, discounted by probable defense evidence, is so strong that the defendant is likely to be convicted after trial. In some countries, such as Italy, the prosecutor is required by law to bring charges whenever there is sufficient evidence for conviction. In other jurisdictions — for example, in the United States, France, and Japan — the public prosecutor has discretion whether or not to file a formal accusation; in effect, this means that he can informally grant clemency to an offender who would certainly be convicted in court. In still other countries, such as Germany, prosecutorial discretion applies only to minor offenses, whereas prosecution of serious crimes is mandatory. To the extent the prosecutor has discretion, he can make the decision not to prosecute dependent upon certain conditions — e.g., that the offender pay restitution to the victim.

1. What does the law of criminal procedure regulate?

2. What is the aim of the investigatory phase?

3. Who takes part in the investigation?

2. In your group discuss the following:

- the topic of the text

- points covered

- facts vs attitude

- text genre (research paper, journal article, textbook)

- target audience

- the author's position, attitude