NCJ Number
38300
Journal
American University Law Review Volume: 25 Issue: 3 Dated: (SPRING 1976) Pages: 754-794
Date Published
1976
Length
45 pages
Annotation
ANALYSIS OF THE CONCEPT OF PRIVATE PROSECUTION WITHIN THE FRAMEWORK OF THE AMERICAN CRIMINAL JUSTICE SYSTEM IN LIGHT OF A NORTH CAROLINA COURT'S DECISION IN STATE V LITTLE (1975).
Abstract
IN LITTLE, THE COURT ALLOWED A PRIVATE PROSECUTOR HIRED BY THE VICTIM'S FAMILY TO ACTIVELY PARTICIPATE IN THE TRIAL PROCEEDINGS. THIS ARTICLE TRACES THE HISTORY OF PRIVATE PROSECUTION FROM ITS DEVELOPMENT IN ENGLISH COMMON LAW TO THE PRESENT. THE VARIOUS ISSUES RAISED BY A SYSTEM OF PRIVATE PROSECUTION ARE EVALUATED AND AN ATTEMPT IS MADE TO ESTABLISH THAT THE PRACTICE IS OUTDATED, UNNECESSARY, UNETHICAL, AND PERHAPS UNCONSTITUTIONAL.