NCJ Number
73070
Journal
Fordham Law Review Volume: 49 Issue: 1 Dated: (October 1980) Pages: 26-39
Date Published
1980
Length
14 pages
Annotation
The method of bringing prosecutions under the U.S. criminal justice system is compared and contrasted with prosecutorial procedures in England; differences between the two are emphasized.
Abstract
In the United States the prosecutor bridges the gap between the police and the courts by exercising independent judgment concerning the need to institute criminal proceedings in a particular case. His role is crucial to the fair administration of justice, as an ill-founded decision to prosecute can be disastrous both for the accused and the criminal justice system. The prosecutor's independence from governmental investigative agencies contributes to the impartial discharge of a prosecutor's responsibilities. In England the police make the decision to prosecute in virtually all criminal cases, and with some qualifications, anyone in England can institute a criminal action against an alleged offender. In spite of limitations, such as cost and the possibility of provoking a charge for civil damages in the event of malicious prosecution, the English value the private citizen's right to bring a criminal proceeding. The right is considered an important constitutional safeguard against abuse of prosecutorial discretion by public officials. The English police do press a significant number of weak prosecutions, and their involvement in criminal investigations often prevents their objective assessment of the many considerations for and against instituting criminal actions. Therefore, the American prosecutorial system or the Scottish system of the Procurator Fiscal can provide useful models for English procedures. Footnotes are included. (Author abstract modified)