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  • The Decision to Prosecute: A Comparative Analysis of Australian Prosecutorial Guidelines

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    Author(s)
    Hodgson, Natalie
    Cashmore, Judy
    Cowdery, Nicholas
    Goodman-Delahunty, Jane
    Martschuk, Natalie
    Parkinson, Patrick
    Powell, Martine B
    Shackel, Rita
    Griffith University Author(s)
    Powell, Martine B.
    Martschuk, Natalie
    Year published
    2020
    Metadata
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    Abstract
    The decision whether to prosecute an individual can potentially impact a number of private and public interests. In Australia, the Office of the Director of Public Prosecutions in each jurisdiction provides written prosecutorial guidelines relating to the decision to prosecute. Little scholarly attention has focused on how these guidelines differ in form and impact across jurisdictions. This article undertakes a text-based comparative analysis of the guidelines to identify the key similarities and differences in how the decision to prosecute is articulated in the policies of different Australian jurisdictions. This analysis ...
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    The decision whether to prosecute an individual can potentially impact a number of private and public interests. In Australia, the Office of the Director of Public Prosecutions in each jurisdiction provides written prosecutorial guidelines relating to the decision to prosecute. Little scholarly attention has focused on how these guidelines differ in form and impact across jurisdictions. This article undertakes a text-based comparative analysis of the guidelines to identify the key similarities and differences in how the decision to prosecute is articulated in the policies of different Australian jurisdictions. This analysis shows that the tests used across Australia are broadly similar, while also identifying a number of differences. We highlight the need for empirical research on the decision to prosecute, to provide an insight into how the decision to prosecute is operationalised in practice, and how different formulations of the same or similar tests might impact the decision-making process.
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    Journal Title
    Criminal Law Journal
    Volume
    44
    Issue
    3
    Publisher URI
    http://sites.thomsonreuters.com.au/journals/2020/08/04/criminal-law-journal-update-vol-44-pt-3/
    Copyright Statement
    © 2020 Thomson Reuters. This article was first published by Thomson Reuters in the Criminal Law Journal and should be cited as Natalie Hodgson et al., The Decision to Prosecute: A Comparative Analysis of Australian Prosecutorial Guidelines, (2020) 44 Crim LJ 155.For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search.The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase.
    Subject
    Criminology
    Forensic psychology
    Social Sciences
    Government & Law
    Publication URI
    http://hdl.handle.net/10072/397235
    Collection
    • Journal articles

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