NCJ Number
60508
Date Published
1979
Length
37 pages
Annotation
A FRAMEWORK FOR UNDERSTANDING THE ROLE OF THE PUBLIC PROSECUTOR IN THE ADMINISTRATION OF JUSTICE USES THE CONCEPT OF DOMAIN, OR THE AREAS WHICH ARE CONTROLLED BY THE PROSECUTORS.
Abstract
A BASIS FOR FUTURE DISCUSSION OF THE AREAS WHICH SHOULD BE CONTROLLED BY THE PROSECUTORS CAN BE ESTABLISHED THROUGH A DETERMINATION OF WHAT GROUNDS HAVE BEEN CLAIMED BY PROSECUTORS, WHAT DIFFERENCES HAVE EVOLVED AMONG PROSECUTORS' DOMAINS, AND THE SIGNIFICANCE OF SUCH DIFFERENCES FOR THE EFFICIENCY AND FAIRNESS OF THE CRIMINAL JUSTICE SYSTEM. MODERN PROSECUTORS HAVE A SUBSTANTIAL DOMAIN, BUOYED BY THE INCREASED USE OF PROSECUTORIAL SCREENING AND PLEA NEGOTIATIONS, AND HAVE LARGELY DISPLACED JUDGES AND JURIES AS THE PRIMARY DETERMINERS OF GUILT AND APPROPRIATE SENTENCING OF OFFENDERS. AS THE PROSECUTOR'S ROLE EXPANDS, THE DOMAINS OF THE POLICE, THE JUDICIARY, AND THE DEFENSE BAR CORRESPONDINGLY DECREASED, THIS LEADING TO CONFLICT BETWEEN THE AGENCIES AND A BLURRING OF ROLES. THE HISTORICAL DEVELOPMENT OF THE PUBLIC PROSECUTOR INDICATES A TREND AWAY FROM THE USE OF PRIVATE PROSECUTORS OR PROSECUTION BY THE VICTIM, AND AN INCREASED DEPENDENCE ON THE OFFICE OF THE PUBLIC PROSECUTOR AND THE DISTRICT ATTORNEY. THE INTRODUCTION OF HABITUAL OFFENDER AND MANDATORY SENTENCING LEGISLATION HAS AUGMENTED THE AUTHORITY OF PROSECUTORS TO ESTABLISH BOTH THE GUILT AND THE PENALTY OF OFFENDERS. CONFLICTS OVER THE SCREENING OF SUSPECTS AND USE OF PLEA BARGAINING HAVE FORMED BETWEEN PROSECUTORS AND THE POLICE, BUT THE USE OF DISCRETION AND DIVERSION SERVES TO INCREASE THE EFFICIENCY OF THE PROSECUTOR'S OFFICE. REFERENCES AND TABULAR DATA ARE PROVIDED. (TWK)