Book Chapter

Discretion and Accountability in a Democratic Criminal Law



Duff RA (2017) Discretion and Accountability in a Democratic Criminal Law. In: Langer M & Sklansky DA (eds.) Prosecutors and Democracy: A Cross-National Study. ASCL Studies in Comparative Law. Cambridge: Cambridge University Press, pp. 9-39.

First paragraph: What kind of practice of prosecution is appropriate to a democratic polity’s criminal law? What should the role of prosecutor be in such a system of criminal law? Such questions beg important prior questions: they assume that democratic polities would not only maintain distinctive systems of criminal law, but would so structure the criminal law as to have a recognisable role of ‘prosecutor’. To justify such assumptions, we would need an account of democracy, of the kind of criminal law that would be appropriate to a democratic polity, and of the institutional structure of such a criminal law, but the most I will be able to do here is gesture towards the shape such an account should take.

Title of seriesASCL Studies in Comparative Law
Publication date31/12/2017
Publication date online31/10/2017
PublisherCambridge University Press
Publisher URL…bn=9781107187559
Place of publicationCambridge

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Professor Antony Duff

Professor Antony Duff

Emeritus Professor, Philosophy