P026 - Decoding prosecutorial decisions beyond legal considerations: An exploration of decision-making processes in the judicial field with special attention to social influences.

• In Event: Poster Session & Ice Cream Social

Abstract

Decisions within the justice system are associated with rational considerations against the background of legal requirements so that the system can fulfill its functions for society. This is based on the general principles and professional standards of neutrality and objectivity.

Nevertheless, some surveys on the prosecution office in Germany reveal irregularities in the decision-making practice that cannot be solely explained through legally legitimate factors. Instead, hypotheses suggest that aspects such as biases and the workload of legal professionals may also influence the determination of whether a case is prosecuted or dismissed.

However, the state of research with deeper insights into this topic is limited, as prosecutorial decision-making in Germany is mainly studied from a jurisprudential perspective or through the use of quantitative methods. While some European studies include psychological aspects, the analysis of societal factors is underrepresented.

In order to better understand the process behind prosecutorial decisions, the study takes a biographical-narrative approach in which social and institutional influencing factors are reconstructed through the everyday actions of the prosecutors. The theoretical framework is formed by three different sociological explanatory models, which are to be explored for the judicial field.

The poster introduces the project and invites to discuss the background of judicial decision-making beyond legal and psychological factors as well as the use of qualitative methods in this field.

(It is suggested that the poster be hung near Laya Alizad‘s poster, which also examines the German prosecution office in her research, in order to create a meaningful addition.)

Author

• Katharina Heermann, FU Berlin