FOR A MORE PERFECT UNION - PROSECUTION REFORM

• NCJ Number: 8971
• Author(s): ANON
• Date Published: 1971
• Length: 9 pages
• Corporate Author: U.S. Advisory Cmssn on Intergovernmental Relations
• Sale Source: Superintendent of Documents, GPO; National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

FINDINGS AND RECOMMENDATIONS RELATIVE TO IMPROVING OUR ADVERSARY SYSTEM.

Abstract

THE AMERICAN WAY OF JUSTICE - THE ADVERSARY SYSTEM ASSUMES THAT 'TRUTH WILL OUT.' BUT THAT OUTCOME REQUIRES A 'GOOD, CLEAN FIGHT' BETWEEN COMPETENT, WELL-PREPARED PROSECUTION AND DEFENSE COUNSEL, THE REALITY OF OUR CRIMINAL JUSTICE SYSTEM TOO OFTEN PRESENTS A DIFFERENT PICTURE. THE COMMISSION RECOMMENDS THAT ALL STATES SHOULD REQUIRE PROSECUTING ATTORNEYS TO BE FULL-TIME OFFICIALS AND, IF DISTRICTS ARE TOO SMALL TO SUPPORT A FULL-TIME PROSECUTOR, THAT BOUNDARIES SHOULD BE REDRAWN TO PROVIDE ENOUGH WORK AND SUFFICIENT FINANCIAL RESOURCES FOR ONE JURISDICTION. LOCAL PROSECUTION FUNCTION SHOULD BE CENTRALIZED IN A SINGLE OFFICE RESPONSIBLE FOR ALL CRIMINAL PROSECUTIONS IN ORDER TO ELIMINATE FRAGMENTATION AND DELAY. IT IS ALSO SUGGESTED THAT STATES STRENGTHEN THE AUTHORITY OF THE ATTORNEY GENERAL TO OVERSEE THE WORK OF LOCAL PROSECUTORS. TO AVOID UNNECESSARY DELAY AND EXPENSE THE COMMISSION RECOMMENDS THAT PROSECUTORS BE GIVEN THE DISCRETION TO USE A GRAND JURY OR BRING INDICTMENTS THROUGH INFORMATION PROCEDURES. DEFENSE COUNSEL FOR THE POOR CAN BE UPGRADED BY THE STATES SETTING MINIMUM STANDARDS AND THEN ADMINISTERING AND FINANCING THE SYSTEM TO MEET THOSE STANDARDS. A PROPOSED OMNIBUS PROSECUTION ACT WHICH COULD BE ADOPTED BY A STATE IS INCLUDED. (AUTHOR ABSTRACT MODIFIED)