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Compulsory Prosecution
Compulsory prosecution is an aspect of certain justice systems in which the prosecutor is required to press charges if there is sufficient evidence to support a conviction. This system is used in Germany. It has also been required by the Constitution of Italy since 1948. In the United States and other countries that do not require compulsory prosecution, the lack of such a requirement has a tendency to encourage the practice of plea bargaining. A 2012 comparison in the context of game theory suggests "that mandatory prosecution outperforms discretionary prosecution when evidence transmission from the prosecutor to the judge is accurate and/or when the cost of litigation incurred by the prosecutor is large."Nakao, Keisuke and Tsumagari, Masatoshi, Discretionary vs. Mandatory Prosecution: A Game-Theoretic Approach to Comparative Criminal Procedure (March 4, 2012). Asian Journal of Law & Economics, Vol. 3, Iss. 1, Article 6, 2012. Available at SSRN: https://ssrn.com/abstract=2015779 or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a Criminal law, criminal jury trial, trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been Admission to the bar, admitted to the bar, or obtained a comparable qualification where available - such as Solicitor advocate, solicitor advocates in English law, England and Wales. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of Italy
The Constitution of the Italian Republic ( it, Costituzione della Repubblica Italiana) was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against. The text, which has since been amended sixteen times, was promulgated in an extraordinary edition of Gazzetta Ufficiale on 27 December 1947. The Constituent Assembly was elected by universal suffrage on 2 June 1946, on the same day as the referendum on the abolition of the monarchy was held, and it was formed by the representatives of all the anti-fascist forces that contributed to the defeat of Nazi and Fascist forces during the Italian Civil War. The election was held in all Italian provinces. The Constitution was drafted in 1946 and came into force on 1 January 1948, one century after the Constitution of the Kingdom of Italy, the Statuto Albertino, had been enacted. Constituent Assembly Piero Calamandrei, a professor of law, an authority on civil procedure, spoke in 1955 about World W ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plea Bargaining
A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence. A plea bargain allows both parties to avoid a lengthy criminal trial and may allow criminal defendants to avoid the risk of conviction at trial on a more serious charge. For example, in the legal system of the United States, a criminal defendant charged with a felony theft charge, the conviction of which would require imprisonment in state prison, may be offered the opportunity to plead guilty to a misdemeanor theft charge, which may not carry a custodial sentence. In cases such as an automo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Game Theory
Game theory is the study of mathematical models of strategic interactions among rational agents. Myerson, Roger B. (1991). ''Game Theory: Analysis of Conflict,'' Harvard University Press, p.&nbs1 Chapter-preview links, ppvii–xi It has applications in all fields of social science, as well as in logic, systems science and computer science. Originally, it addressed two-person zero-sum games, in which each participant's gains or losses are exactly balanced by those of other participants. In the 21st century, game theory applies to a wide range of behavioral relations; it is now an umbrella term for the science of logical decision making in humans, animals, as well as computers. Modern game theory began with the idea of mixed-strategy equilibria in two-person zero-sum game and its proof by John von Neumann. Von Neumann's original proof used the Brouwer fixed-point theorem on continuous mappings into compact convex sets, which became a standard method in game theory and mathema ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
