NCJ Number
95728
Date Published
1982
Length
47 pages
Annotation
In this British police staff course, the right to prosecute is traced from its beginnings to the present, and prosecution in the United States is compared with prosecution in England, Scotland, and Northern Ireland.
Abstract
The essential functions of prosecution are the same in England, Scotland, Northern Ireland, and the United States. In each country, prosecutors have three major tasks: first, they must decide whether to bring criminal charges; second, they must properly state the charge and place it before the proper judicial authorities; and third, they must present evidence to the court intended to prove the charge. In each country the prosecution is, theoretically, on an equal footing with the defense. The Anglo-American systems place the entire burden of proving a criminal charge on the prosecution. Despite these similarities, American and English methods of prosecution are profoundly different. The key to the difference is in the American district attorney; neither England nor Northern Ireland has a comparable figure, as prosecutions are conducted by the police; however, Scotland has an independent prosecutor. In the American and Scottish systems, private prosecutions are not permitted. The appointment of a legal advocate in England, using the Scottish system as a basis, is recommended. Ten references are included. Ten references are included.