NCJ Number
58423
Date Published
1979
Length
33 pages
Annotation
FUNDED BY LEAA, STUDIES IN JUSTICE, A NONPROFIT ORGANIZATION, DEVELOPED A PROJECT FOR THE INTERCHANGE OF COUNSEL IN CRIMINAL CASES IN THREE JURISDICTIONS IN THE UNITED STATES.
Abstract
THE PURPOSE OF THE PROJECT WAS TO TEST THE CONCEPT THAT SUCH AN INTERCHANGE, (I.E., ENABLING PROSECUTORS TO DEFEND AND DEFENSE COUNSEL TO PROSECUTE), WILL IMPROVE THE OBJECTIVITY AND COMPETENCY OF THE PARTICIPANTS, RESULTING IN A MORE EFFICIENT AND FAIRER DISPOSITION OF CRIMINAL CASES. PLEA NEGOTIATIONS, RECIPROCAL PRETRIAL DISCLOSURE OF EVIDENCE, AND SENTENCE RECOMMENDATIONS WOULD BE MOST AFFECTED. TRIAL BY JURY WOULD BE RESERVED FOR THOSE CASES IN WHICH THERE WAS A REAL ISSUE OF GUILT OR INNOCENCE, AND THOSE TRIALS WOULD BE DISPOSED OF MORE QUICKLY WHEN ISSUES IN DOUBT ARE LITIGATED. OBJECTIVES WERE TO INCREASE PROFESSIONALISM, INCREASE COMMUNITY RESPECT FOR THE CRIMINAL TRIAL BAR, AND PROMOTE BETTER RELATIONS BETWEEN CRIMINAL DEFENSE ATTORNEYS AND PROSECUTORS. THE PROJECT INVOLVED PARTICIPATION FROM THREE AREAS: PHILADELPHIA, PA., HENNEPIN COUNTY, MINN., AND YUMA, ARIZ. IN PHILADELPHIA AND HENNEPIN COUNTY, ONE MID-LEVEL ATTORNEY FROM THE PUBLIC DEFENDER'S OFFICE AND ONE FROM THE PROSECUTOR'S OFFICE WAS GIVEN A LEAVE OF ABSENCE TO PERMIT HIM TO SERVE ON THE OTHER SIDE OF THE COURTROOM FOR SIX MONTHS. THE YUMA PROJECT INVOLVED THE APPOINTMENT OF DEFENSE ATTORNEYS FROM THE CRIMINAL TRIAL BAR TO SERVE TEMPORARILY AS SPECIAL PROSECUTORS IN CRIMINAL CASES. RESULTS OF THE PROGRAM WERE PRESENTED AT A CONFERENCE HELD IN APRIL, 1977. THE CONFEREES DISCUSSED IN GENERAL TERMS THE VARIOUS ASPECTS OF THE INTERCHANGE. PARTICIPANTS IN THE PROGRAM FELT THEY HAD DERIVED BENEFITS AND FULFILLED OBJECTIVES. THE POLICE AND THE COURTS, HOWEVER, WERE SCEPTICAL OF THE PROGRAM'S VALUE. FINALLY, THERE APPEARS TO BE A NEED FOR EDUCATING THE PUBLIC, THE COURTS, THE BAR, AND THE POLICE ABOUT THE PROGRAM AND ITS IMPORTANCE. A LIST OF CONFERENCE PARTICIPANTS IS INCLUDED. (LWM)