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The public prosecution service and the structuring of sentencing - the nordic case of Denmark

Wandall, Rasmus H. LU (2019) p.60-73
Abstract

This chapter contributes an original description of a very different structuring arrangement of sentencing institutionalized through the Danish prosecution service since the 1990s. The prosecution service has attained a new and bigger role and new techniques add significantly to the structuring of sentencing. The techniques of structuring sentencing are: preparatory works to statutory amendments, prosecution guidelines and prosecution driven court practice database. The public prosecution service is at the very centre of the dramatic increase in structuring of sentencing. The legal tradition outlines four ways in which the prosecution service institutionalizes the described techniques of structuring sentencing: By taking part in the... (More)

This chapter contributes an original description of a very different structuring arrangement of sentencing institutionalized through the Danish prosecution service since the 1990s. The prosecution service has attained a new and bigger role and new techniques add significantly to the structuring of sentencing. The techniques of structuring sentencing are: preparatory works to statutory amendments, prosecution guidelines and prosecution driven court practice database. The public prosecution service is at the very centre of the dramatic increase in structuring of sentencing. The legal tradition outlines four ways in which the prosecution service institutionalizes the described techniques of structuring sentencing: By taking part in the drafting of preparatory works to statutory amendments, By using its quasi-judicial role to presenting facts and law to the judicial courts, By controlling knowledge on normal sentencing levels through its hierarchical organizational structure and By following up on judicial sentencing practice on behalf of the legislature.

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Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
host publication
The Evolving Role of the Public Prosecutor
editor
Colvin, Victoria; Stenning, Philip; and
pages
60 - 73
publisher
Routledge/ Taylor and Francis Group
external identifiers
  • scopus:85059387374
ISBN
9780429884955
9781138606791
DOI
10.4324/9780429467547
language
English
LU publication?
yes
id
96aa279b-1fda-4653-877f-b8760f018052
date added to LUP
2019-01-16 11:07:58
date last changed
2019-02-20 11:43:05
@inbook{96aa279b-1fda-4653-877f-b8760f018052,
  abstract     = {<p>This chapter contributes an original description of a very different structuring arrangement of sentencing institutionalized through the Danish prosecution service since the 1990s. The prosecution service has attained a new and bigger role and new techniques add significantly to the structuring of sentencing. The techniques of structuring sentencing are: preparatory works to statutory amendments, prosecution guidelines and prosecution driven court practice database. The public prosecution service is at the very centre of the dramatic increase in structuring of sentencing. The legal tradition outlines four ways in which the prosecution service institutionalizes the described techniques of structuring sentencing: By taking part in the drafting of preparatory works to statutory amendments, By using its quasi-judicial role to presenting facts and law to the judicial courts, By controlling knowledge on normal sentencing levels through its hierarchical organizational structure and By following up on judicial sentencing practice on behalf of the legislature.</p>},
  author       = {Wandall, Rasmus H.},
  editor       = {Colvin, Victoria and Stenning, Philip},
  isbn         = {9780429884955},
  language     = {eng},
  pages        = {60--73},
  publisher    = {Routledge/ Taylor and Francis Group},
  title        = {The public prosecution service and the structuring of sentencing - the nordic case of Denmark},
  url          = {http://dx.doi.org/10.4324/9780429467547},
  year         = {2019},
}