NCJ Number
94521
Date Published
1983
Length
20 pages
Annotation
This description of the American public prosecutor outlines the structure of the American System of prosecution, its evolution from its English origins, the prosecutor's role in investigation and adjudication, and the issues of prosecutorial discretion and plea bargaining.
Abstract
American public prosecutors are local elected officials endowed with virtually exclusive authority to prosecute. While district attorneys maintain almost complete control of prosecution, most courts permit a private attorney to assist the public prosecutor in preparation and trial if the court or the prosecutor consents, and if the public prosecutor retains control. Due to the inherently conflicting roles public prosecutors play in the investigative and adjudicative stages of a criminal cases -- establishing enforcement priorities and accommodating conflicting statutory, correctional, and constitutional objectives -- they individualize justice, induce cooperation, and mitigate the severity of the criminal law. While prosecutors' decisions on charge reductions and on other aspects of charging, dismissals, and guilty pleas may turn on fact, resource, or investigative feasibility and priority questions, questions may also be raised that are within a judge's competence and obligation. Such judicial review of dismissal and guilty pleas is uniquely suited for the development of standards that would reconcile the prosecutor's discretion with the public interest in accuracy and legality. A total of 48 notes are listed.