NCJ Number
69157
Date Published
1977
Length
28 pages
Annotation
THE RELATIONSHIPS OF THE PROSECUTOR WITH THE PRIVATE DEFENSE COUNSELOR ARE EXAMINED.
Abstract
THE RELATIONSHIP OF A PROSECUTOR AND A PUBLIC DEFENDER IS ESTABLISHED BY DAILY ROUTINE. PRIVATE DEFENSE ATTORNEYS MUST BE ALERTED TO PROSECUTOR GROUND RULES. SPECIAL CARE MUST BE TAKEN TO MAINTAIN THE CONFIDENTIALITY OF THE PROSECUTOR'S OFFICE AND TO AVOID EVEN THE APPEARANCE OF ANY IMPROPER PERSONAL OR SOCIAL RELATIONSHIP WHICH MIGHT APPEAR TO AFFECT THE OUTCOME OF A TRIAL. DURING THE INVESTIGATION OF CERTAIN CRIMES, PARTICULARLY WHITE-COLLAR CRIMES, THE PROSECUTOR'S ETHICAL RESPONSIBILITIES ARE RELIEVED IF THE COOPERATING PARTY IS LEGALLY REPRESENTED SO THAT NEGOTIATION IS CAREFULLY DEFINED AND FULLY RECORDED TO AVOID MISINTERPRETATION. THE RELATIONSHIP OF PROSECUTOR AND DEFENSE ATTORNEY AFTER FORMAL CHARGE AND BEFORE TRIAL IS LARGELY ONE OF DISCOVERY AND NEGOTIATION. IT INVOLVES BOTH THE MAINTENANCE OF RESPECT FOR THE ADVERSARIAL RELATIONSHIP AND THE NEED FOR COOPERATION. AMERICAN BAR ASSOCIATION STANDARDS IN VOLUMES ENTITLED 'DISCOVERY AND INSPECTION' AND 'PROSECUTION AND DEFENSE FUNCTION' DESCRIBE THE RELATIONSHIP IN DISCLOSURE PRACTICES, TRIAL PREPARATION, AND CASE DISPOSITION. THE STANDARDS OFFER MUCH GUIDANCE ON THE ROLE OF THE PROSECUTOR AND THE RELATIONSHIP WITH THE DEFENSE COUNSEL DURING PLEA BARGAINING. DURING A TRIAL THE EFFORTS OF ALL CONCERNED ARE TO MAINTAIN DECORUM. A BIBLIOGRAPHY OF STATUTES, CASES, STANDARDS AND CODES, TEXTS, AND ARTICLES IS INCLUDED.