Browsing by Author "Simeneh Kiros(Assosait Profassor)"

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    Selective Criminal Prosecution Vis a Vis Prosecutorial Discretion in Ethiopian Criminal Justice System: Theory and Practice
    (Addis Ababa University, 2017-02) Nabiyu Mikru; Simeneh Kiros(Assosait Profassor)
    The universal recognition of human rights in general and the right to equality in particular as inviolable human rights coincided with the consolidation of prosecutorial discretion in charging decisions which led to an interesting and intricate process that explores the mutual influence of these developments on each other and search for an ideal reconciliation between them. The paper set to lay bare how the right to equality before the law might be jeopardized by the unmitigated discretion given to the prosecutor to name defendants with special emphasis on the experience in Ethiopia. Chapter one tries to set the scene by exploring the concepts of prosecution, prosecutorial decision making and the right to equality. A compressive discussion is provided in an attempt to shed light on the origins and development of the concepts and the latent tension between them. Chapter two will comparatively study how selective prosecution is handled in different national jurisdictions and international tribunals. Chapter three explores the constitutionality and admissibility of the defense of selective prosecution and the problems associated with invoking and proving such claims in Ethiopian criminal justice system. Finally a conclusion and a possible recommendation to tackle the problem will be provided.