The Januses of Justice – How Prosecutors Define the Kind of Justice Done Across Europe

De-Coding Hegemony: Exploring the Discourse of a Prosecuting Elite

“…3 There are many examples to draw from in this category. For example, for Europe see Jehle and Wade (2008); for the USA see Davis (2007) and Sarat and Clarke (2008); for England see King (2000); in international criminal justice see Brubacher (2004); and for Australia see Lievore (2005). such as the International Association of Prosecutors.…”

“…In the European context, this is sometimes also described as 'actuarial justice'(Wade 2008).11 These sentiments echo realist approaches to law. Karl Llewellyn, for example, posed law as a functional system doing 'law-jobs'(Wacks 2006: 94).…”

A European public prosecutor: potential and pitfalls

“…Does this require the creation of a supra-national criminal justice agency as the European Commission looks set to argue? Some member states will doubtlessly insist that the principle of subsidiarity 70 requires the Union to allow the member states criminal justice systems to protect the former's interests. In relation to the financial interests of the Union, the Commission is making the argument that decades of inadequate protection demonstrate this is not enough.…”

“…[83; p.149]. 70 As anchored particularly in article 5 but also in substance in article 4 of the post Lisbon TEU. 71 See e.g.…”

Genocide

“…They are therefore the main fora in which the law of genocide is developed and via which truth and justice might potentially be delivered. Where caseloads are high and especially where crimes are complex or evidentially challenging, however, criminal justice practitioners must generally decide whether to dedicate huge resources to finding out and proving the truth of events to bring cases to court and to justice as foreseen by criminal procedure or whether to achieve what justice they can by other means (see Wade, 2008). This is no less true for the crime of genocide that is by nature difficult to investigate, complex, and evidentially challenging (above all because of the circumstances of postconflict societies, the nature of the crime leaving victims dead or severely traumatized and investigators facing a mass of perpetrators with the most morally blameworthy often shielded by political power and their status as instigators rather than direct perpetrators).…”