The Penal Order: Prosecutorial Sentencing as a Model for Criminal Justice Reform?

Authors

Stephen C. Thaman, Saint Louis University School of Law

Document Type

Article

Publication Date

2012

Abstract

This chapter traces the history of the penal order from its earliest roots through its consolidation as a normal alternative form of procedure in Germany. It compares the types of penal order procedures found in modern criminal procedure codes, and it compares penal orders with other “consensual” procedural modes that also involve considerable prosecutorial influence in determination of the level of guilt and punishment: diversion, pleas and stipulations of guilt, and abbreviated trials based on the contents of the preliminary investigation dossier. Finally, it explores whether the penal order, could eventually become a model for the consensual resolution of all cases, regardless of their gravity.

Recommended Citation

Thaman, Stephen C., The Penal Order: Prosecutorial Sentencing as a Model for Criminal Justice Reform?. THE PROSECUTOR IN TRANSNATIONAL PERSPECTIVE (Erik Luna & Marianne Wade, eds. 2012). Oxford University Press, pp.156-175.