Criminal Process and Prosecution

Jacqueline Hodgson and Andrew Roberts

in The Oxford Handbook of Empirical Legal Research

Published in print November 2010 | ISBN: 9780199542475
Published online September 2012 | | DOI:

Series: Oxford Handbooks in Law

Criminal Process and Prosecution


This article deals with one aspect of imparting criminal justice in the context of various objective and subjective determiners. It provides some indication of the breadth, quality, and value of the empirical research work that has been conducted in this area of the law. It considers the pervasive influence of two broad issues—efficiency and security—on decision-making in criminal justice systems across various jurisdictions. It illustrates the contingent nature of the criminal process and discusses the social and political issues, the institutions of the criminal justice system, legal doctrine, policies, and working practices which are the product of complex reflexive relationships. The frame includes the subjective aspects of the decision-maker, his behavioral subjectivity and the prism through which he perceives the matter at hand. This article ends by suggesting a pressing need for empirical research that reveals how policy and practice are influenced by these concepts.

Keywords: criminal justice; decision-making; criminal process; behavioral subjectivity; policy

Article.  14831 words. 

Subjects: Law ; Criminology

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