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  • Global Challenges

    Workshop: Prosecutorial Independence – The Role of Interdependence Between Institutions and the Need for Self-Disciplining Mechanisms

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    This panel discussion will concentrate on the need for the independence of two institutions vital to the criminal justice systems of democratic societies – the judiciary and the prosecutorial authority. This theme is then narrowed by a discussion of the necessity for public trust in the individual institution which can only be achieved through effective disciplining mechanisms and, as it is argued here, self-disciplining mechanisms. Finally, the discussion will consider the interconnection between the judiciary and the public prosecution and how the independence of one institution contributes to the independence of the other. The entire panel discussion will revolve around the following hypotheses:

    I. An ‘ordered society’ cannot exist without the rule of law; the rule of law, either in the private or public sense, cannot exist absent a competent and trusted criminal justice system; a competent and trusted criminal justice system cannot exist without an independent judicial authority acting in concert with an independent prosecuting body each free from corruption in reality as well as perception, that is, an independent judiciary functioning symbiotically with an autonomous prosecutorial authority both of which enjoy the trust and confidence of the society they serve.

    II. Between the judiciary and the prosecution in the accusatorial, inquisitorial or mixed criminal justice systems, there must exist a collegial tension designed, in part, to protect the independence and integrity of each of these bodies

    III. In the absence of a self-disciplining mechanism constructed by and operating independently within each of the respective disciplines, both of which are recognized as competent and forthright by the society they serve, neither judicial nor prosecutorial independence can be complete

    The panel members will be using the judicial and prosecutorial institutions of Australia, Thailand and the United States as models inasmuch as the panel is composed of Justice Vicha Mahakun , Thailand, Justice Barry O’Keefe, Australia, Judge Andre Davis, United States and Ms. Monika Bickert, United States. The panel was organized and will be moderated by Charles A. Caruso, American Bar Association with Judge Frank Montalvo, United States and Lesley Junlakan,

    Thailand acting as rapporteurs. There will be an interactive debate session wherein the panel and the audience, in turn, will discuss up to ten different debate themes related to the main topic and attempt to provide consensus on those mechanisms that best support the idependence of the judiciary and the public prosecution.

    Restoring Public Trust in the Judiciary – Charles Caruso. Read Now

    Presentation – Justice Vicha Mahakun. Read Now

    Presentation – Judge Davis. Read Now

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