SPECIAL PROSECUTOR IN THE FEDERAL SYSTEM - A PROPOSAL

• NCJ Number: 37768
• Journal: American Criminal Law Review Volume: 11 Issue: 3 Dated: (SPRING 1973) Pages: 577-638
• Author(s): K H SCHNEIDER; R GREENSPAN; A ANZALONE
• Date Published: 1973
• Length: 62 pages
• Corporate Author: American Bar Assoc.
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: REPRINT

Annotation

THIS NOTE EXAMINES THE USE OF SPECIAL PROSECUTORS BY THE STATES AND CONTRASTS IT WITH THE FEDERAL SYSTEM'S LACK OF STATUTORY OR JUDICIAL AUTHORIZATION FOR SUCH APPOINTMENTS.

Abstract

IT EXPLORES THE FACTORS, NOTABLY THE DOCTRINES OF THE SEPARATION OF POWERS AND THE UNREVIEWABILITY OF PROSECUTORIAL DISCRETION, THAT SERVE AS A TRADITIONAL BAR TO THE DESIGNATION OF SUCH AN OFFICIAL, AND REEVALUATES THESE ARGUMENTS IN THE LIGHT OF CONTEMPORARY DECISIONS, LEGISLATION, AND THEORY. THIS IS FOLLOWED BY A DISCUSSION OF THE CONFLICT OF INTEREST, THE AREA IN WHICH IT IS CONTEMPLATED A SPECIAL PROSECUTOR WILL BE NEEDED, A SUGGESTION OF THE INADEQUACY OF ALTERNATIVE REMEDIES, AND A REVIEW OF THE JUDICIAL AND LEGISLATIVE POWER AVAILABLE TO JUSTIFY AN APPOINTMENT. (AUTHOR ABSTRACT MODIFIED)