NCJ Number
38794
Journal
American Journal of Criminal Law Volume: 5 Issue: 1 Dated: (JANUARY 1977) Pages: 2-34
Date Published
1977
Length
33 pages
Annotation
THIS PAPER EVALUATES THE EFFICIENCY OF THREE ALTERNATIVE MODELS OF DELIVERING PROSECUTION SERVICES.
Abstract
THE THREE MODELS ANALYZED ARE CALLED THE GOVERNMENT SYSTEM, THE INDEPENDENT SYSTEM, AND THE PRIVATE SYSTEM. THE GOVERNMENT SYSTEM IS IDENTIFIED AS THE PRESENTLY PREVAILING SYSTEM IN THE US, IN WHICH PROSECUTORS ARE FULL TIME GOVERNMENT SERVANTS WHO ARE BUREAUCRATICALLY ORGANIZED AND PAID ACCORDING TO A FIXED SALARY SCHEDULE. IN THE INDEPENDENT SYSTEM, A GOVERNMENT CONTRACTING OFFICER EMPLOYS INDEPENDENT CONTRACTOR LAWYERS TO REPRESENT THE GOVERNMENT AND PROSECUTE CRIMES, WITH GREAT DISCRETION AS TO STRATEGY AND MEANS. THE PRIVATE SYSTEM USES INDEPENDENT CONTRACT LAWYERS RETAINED AND PAID TO PROSECUTE BY PRIVATE CITIZENS. THE AUTHOR CONCLUDES THAT BY SUBSIDIZING CITIZENS AND PERMITTING THEM TO PROCURE PROSECUTIONS, ECONOMIC AND TECHNICAL EFFICIENCY IS PROMOTED AND CONFRONTATIONS BETWEEN BRANCHES OF THE GOVERNMENT ARE MINIMIZED.