Globalization of Prosecutorial Justice: An Appraisal

Abstract

In the present world, public prosecutors (PPs) have become the most powerful actors in the criminal justice system (CJS). They excise unfettered discretionary powers, particularly 'decision to or not to prosecute,' 'add or delete the charges,' 'withhold or drop the prosecution,' 'withdraw the prosecution,' 'plea-bargaining with accused,''tender of pardon to the accomplice' and 'suggest the sentence for the convict.' By this way, the world is moving towards pro secutorial justice. It is a point of departure from judicial decision-making to pro secutorial decision-making. So, the theory of division of labor should be developed for standardizing decision-making power. With the help of comparative and qualitative research methodology, this research aims to examine the public prosecution of different legal systems; adversarial or inquisitorial, among the eastern and western countries. This article discusses comparatively the pro-active role of the PPs in the CJSs of Japan, the USA, China, the U.K,France, and Pakistan. Comparative study of public prosecution of different legal systems can enable us to revamp our system in the right direction for making it efficient, expeditious, and cost-effective.