NCJ Number
34440
Journal
Michigan Law Review Volume: 74 Issue: 3 Dated: (JANUARY 1976) Pages: 586-613
Date Published
1976
Length
28 pages
Annotation
TWO TYPES OF PROSECUTORS ARE DEFINED - THE INDIVIDUAL PROSECUTOR FOR TORTS CASES, AND THE GOVERNMENT PROSECUTOR FOR CRIMINAL CASES; THIS DIVISION OF PROSECUTORIAL TASKS IS THEN ASSESSED USING ECONOMIC THEORY.
Abstract
THE ANALYSIS IS CARRIED OUT FOR OFFENSES OTHER THAN VICTIMLESS OFFENSES. THE NOTE ATTEMPTS TO ANSWER IN A GENERAL MANNER QUESTIONS SUCH AS WHY THE PROSECUTOR SHOULD DIFFER FROM OFFENSE TO OFFENSE AND WHERE THE LINE SHOULD BE DRAWN BETWEEN GOVERNMENTAL AND INDIVIDUAL PROSECUTION. WORK DONE IN THE AREAS OF WELFARE ECONOMICS AND PUBLIC FINANCE CONCERNING THE EFFECTIVENESS OF GOVERNMENT AND THE PRIVATE SECTOR IN PROVIDING DIFFERENT SORTS OF GOODS IS DRAWN UPON HEAVILY. THIS NOTE VIEWS PROSECUTION AS AN ECONOMIC GOOD AND A VICTIM'S PROSECUTION OF AN OFFENDER AS A MARKET ACTIVITY. FIRST, IT DELINEATES AN ECONOMIC THEORY OF PROSECUTION AND CONSTRUCTS TWO MODELS FOR DISTINGUISHING OFFENSES ON THE BASIS OF THEIR SUITABILITY FOR PUBLIC PROSECUTION OR FOR PUBLIC SUBSIDY OF INDIVIDUAL PROSECUTION. THEN, THE CONCLUSIONS DRAWN FROM THESE MODELS ARE EMPLOYED TO DETERMINE WHETHER FIVE COMMON OFFENSES ARE BETTER SUITED FOR GOVERNMENTAL RATHER THAN INDIVIDUAL PROSECUTION. (AUTHOR ABSTRACT MODIFIED)