Prosecutorial Gatekeeping and Its Effects on Criminal Accountability: The Roman Prosecutor’s Office and Corruption Investigations in Italy, 1975–1994

IF 0.7 4区社会学 Q3 Social Sciences

Justice System Journal Pub Date : 2022-07-27 DOI:10.1080/0098261X.2022.2100727

Lucia Manzi

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Abstract

Abstract What explains a criminal justice system’s persistent failure to prosecute a salient and widespread criminal issue, such as systemic corruption? I argue that this results from the presence of a prosecutorial gatekeeper, namely an institution capable of raising jurisdictional issues strategically for the purpose of appropriating investigations and controlling their outcome. In this article, I examine the effects of prosecutorial gatekeeping on corruption investigations within the Italian context. I analyze the causes and effects of the Roman prosecutor’s office use of gatekeeping powers over the years from 1975 to 1994. I show that the Roman prosecutor’s office pursued prosecutorial gatekeeping in order to undermine sensitive corruption investigations involving elected officials and state agents. This resulted in the Italian criminal justice system’s protracted failure to uncover systemic political corruption. Only a suspension in the use of prosecutorial gatekeeping eventually allowed for the Mani Pulite (Clean Hands) operation to move forward unobstructed in exposing this pervasive criminal system in 1992.

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检察官把关及其对刑事责任的影响:罗马检察官办公室和意大利的腐败调查，1975-1994

如何解释刑事司法系统持续未能起诉一个突出而广泛的犯罪问题，如系统性腐败?我认为，这是由于存在一个检察看门人，即一个能够战略性地提出司法问题，以便挪用调查和控制其结果的机构。在本文中，我研究了意大利背景下检察官把关对腐败调查的影响。我分析了罗马检察官办公室在1975年至1994年间使用把关权的原因和影响。我展示了罗马检察官办公室为了破坏涉及民选官员和国家官员的敏感腐败调查而追求检察官把关。这导致意大利刑事司法系统长期未能发现系统性的政治腐败。1992年，只有暂停使用检察官把关，“清洁之手”行动才得以畅通无阻地向前推进，揭露这个无处不在的犯罪体系。

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来源期刊

Justice System Journal LAW-

CiteScore

0.90

自引率

14.30%

发文量

期刊介绍： The Justice System Journal is an interdisciplinary journal that publishes original research articles on all aspects of law, courts, court administration, judicial behavior, and the impact of all of these on public and social policy. Open as to methodological approaches, The Justice System Journal aims to use the latest in advanced social science research and analysis to bridge the gap between practicing and academic law, courts and politics communities. The Justice System Journal invites submission of original articles and research notes that are likely to be of interest to scholars and practitioners in the field of law, courts, and judicial administration, broadly defined. Articles may draw on a variety of research approaches in the social sciences. The journal does not publish articles devoted to extended analysis of legal doctrine such as a law review might publish, although short manuscripts analyzing cases or legal issues are welcome and will be considered for the Legal Notes section. The Justice System Journal was created in 1974 by the Institute for Court Management and is published under the auspices of the National Center for State Courts. The Justice System Journal features peer-reviewed research articles as well as reviews of important books in law and courts, and analytical research notes on some of the leading cases from state and federal courts. The journal periodically produces special issues that provide analysis of fundamental and timely issues on law and courts from both national and international perspectives.