Il pubblico ministero negli Stati Uniti. Una figura ancora in cerca di identità

The Prosecutor in the United States. A Figure Still in Search of an Identity

Abstract

With its almost unfettered discretion and different legal regimes between state and federal levels, the American prosecutor strikes as a peculiar institution in the realm of comparative public law. While discretion in charging is regarded as the main source for the prosecutor’s enormous power, other legal dimensions, such as the disciplinary regime, play a significant  role: comparative inquiries should thus acknowledge the broader legal framework when contrasting foreign prosecutors with American ones. Moreover, the uncertainty as to the constitutional identity of the American prosecutor and the role it is supposed to fulfill points to a question of great comparative interest: the nature of the prosecutorial function and its
place in the separation of powers.