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date: 22 November 2017

Abstract and Keywords

This article seeks to urge scholars and policymakers alike to examine the questions: “Why is prosecution organized like it is, and why does it operate like it does?” Section I discusses definition and the sources of prosecutorial power. Sections II and III survey the sociological and legal literatures on prosecution. Section IV discusses plea bargaining. Section V discusses the historical origins and development of public prosecution. The last section offers a general theory of prosecution.

Keywords: prosecutorial power, plea bargaining, criminal justice system, public prosecution

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