NCJ Number
115453
Journal
California Law Review Volume: 76 Issue: 3 Dated: (1988) Pages: 727-768
Date Published
1988
Length
41 pages
Annotation
This discussion proposes the use of court-appointed prosecutors to represent the interests of crime victims who are vulnerable to revictimization because the public prosecutor has refused to charge the alleged offender despite having probable cause.
Abstract
The American criminal justice system currently gives the public attorney exclusive discretion over the initiation of criminal proceedings and denies the crime victim any formal role in the prosecution of a criminal suspect. This structure is justified in most cases by values of procedural fairness and administrative efficiency, but it denies a certain class of victims the protection of the laws. Victims of crimes like spouse abuse are often subject to continued victimization when the prosecutor fails to charge the responsible party and alternative deterrent remedies are either unavailable or inadequate. Victims should have recourse to judicial review of a public attorney's negative charging decision if that decision leaves the victim vulnerable to further victimization. Such a procedure will provide much-needed protection to this class of victims in accordance with constitutional principles and sound public policy values. (Author abstract modified)