NCJ Number
40848
Date Published
1977
Length
16 pages
Annotation
THIS ARTICLE CONTRASTS THE PROPER FUNCTIONS OF THE DEFENSE COUNSEL AND PROSECUTOR WITH THEIR ACTUAL ROLES IN AN ADVERSARY, DUE PROCESS, CRIMINAL JUSTICE SYSTEM.
Abstract
THE ACTUAL ROLE OF THE DEFENSE ATTORNEY IS STRUCTURED BY HIS OCCUPATIONAL ENVIRONMENT WITHIN THE CRIMINAL JUSTICE SYSTEM. RECRUITMENT INTO CRIMINAL PRACTICE, FINANCIAL CONSIDERATIONS, INTERPERSONAL RELATIONS, AND THE DEMANDS OF THE SYSTEM FOR A SPEEDY DISPOSITION OF A HUGE CASELOAD CREATES NEEDS THAT ARE MET THROUGH A PROCESS OF ADMINISTRATIVE PRACTICES SUCH AS PLEA BARGAINING, THE DECISION TO CHARGE, AND OTHER INFORMAL DISPOSITIONS. WHETHER THESE PRACTICES ARE PROPER IN AN ADVERSARY SYSTEM IS QUESTIONED....MSP