NCJ Number
86751
Date Published
1981
Length
10 pages
Annotation
While there must be a cooperative relationship between the Crown attorney and the police in Canada when accumulating evidence in a criminal case, the Crown attorney must act independently of the police in all decisions bearing upon prosecution of the case.
Abstract
The Crown attorney's purpose in any case is not to obtain a conviction but to lay before the court what the Crown considers to be credible evidence relevant to what is alleged to be a crime. This relatively objective posture by the Crown attorney is often difficult for the police to accept, since the evidence the police have collected in their investigation generally creates a strong bias toward guilt. Crown attorneys have been schooled in a system of law that holds an accused to be innocent until guilt has been proven beyond a reasonable doubt and that maintains many safeguards designed to protect the accused from improper conviction. Crown attorneys are bound to abide by such a system even though the police, who are biased toward guilt and conviction, may be frustrated by it. While no statute requires the Crown to advise the police in matters of investigation, it is considered to be a normal duty of the office for the Crown attorney to guide the police in matters of law, the admissibility of evidence, the charges to be laid, and other matters bearing upon the prosecution of the case. Despite the proximity of their duties and goals, however, the Crown attorney must exercise judgment independent of the police and not be perceived by the public to be an extension of the police. The police must be conditioned to accept the legitimacy of plea negotiations and pretrial discovery for the defense. Twelve readings are suggested.