An Analysis of American Prosecutors' Power of Selective Prosecution - Discussion Based on Cases and Rules

DOI

10.2991/jahp-17.2017.26How to use a DOI?

Keywords

American prosecutors; the power of selective prosecution; historical evolution; consideration factor

Abstract

The selective prosecution system of the United States means that when American prosecutors perform their prosecution functions, as long as not for bribery, discrimination and other reasons prohibited by law, for cases meeting the prosecution condition, they can make decisions to prosecute, not to prosecute, withdraw prosecution and prosecute with different crimes based on discretion. Compared with the extensive prosecution options enjoyed by American prosecutors, Chinese prosecutors have only limited non-prosecution discretion, but no power to choose prosecution. Therefore, in view of the functions of the selective prosecution system such as protecting interests, balancing interests and restricting power, the author seeks their referential part to relief the real dilemma in the field of prosecution in China through analysis of the historical evolution and the main content of the power of selective prosecution of American prosecutors.

Copyright

© 2017, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Xiang Zhang
PY  - 2017/09
DA  - 2017/09
TI  - An Analysis of American Prosecutors' Power of Selective Prosecution - Discussion Based on Cases and Rules
BT  - Proceedings of the 2nd International Conference on Judicial, Administrative and Humanitarian Problems of State Structures and Economic Subjects (JAHP 2017)
PB  - Atlantis Press
SP  - 115
EP  - 121
SN  - 2352-5398
UR  - https://doi.org/10.2991/jahp-17.2017.26
DO  - 10.2991/jahp-17.2017.26
ID  - Zhang2017/09
ER  -