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PRETRIAL PROBLEMS OF THE PROSECUTOR

NCJ Number
56003
Editor(s)
J J DOUGLASS
Date Published
1977
Length
183 pages
Annotation
GUIDELINES AND STANDARDS PERTAINING TO THE PRETRIAL FUNCTIONS OF PROSECUTORS ARE PRESENTED AS PART OF A SERIES ON THE ROLES AND FUNCTIONS OF PROSECUTORS.
Abstract
THE BOOK OPENS WITH AN ANALYSIS OF THE PROSECUTOR'S INVESTIGATIVE FUNCTION (THE AUTHORITY TO INVESTIGATE, USE OF POLICE AGENCIES, INITIATION OF CRIMINAL CASES, GRAND JURY INVESTIGATIONS, SPECIAL PROBLEMS TO BE EXPECTED IN PROSECUTORIAL INVESTIGATIONS, THE RELATIONSHIP BETWEEN THE PROSECUTOR AND THE INVESTIGATOR, PRECHARGING RESPONSIBILITIES IN LARGE AND SMALL OFFICES). SUBSEQUENT SECTIONS ANALYZE THE FOLLOWING IN DETAIL: SCREENING AND CHARGING AS EXERCISES OF PROSECUTORIAL DISCRETION; THE PROSECUTOR'S ROLE IN DIVERSION AND IN THE DECISION TO DEFER PROSECUTION; THE PROSECUTOR'S RELATIONSHIP TO THE GRAND JURY; AND THE ROLE OF THE PROSECUTOR IN THE PRETRIAL RELEASE DECISION. THROUGHOUT THE TEXT, PERTINENT STANDARDS DEVELOPED BY THE AMERICAN BAR ASSOCIATION (ABA) PROJECT ON STANDARDS FOR CRIMINAL JUSTICE, THE NATIONAL DISTRICT ATTORNEYS ASSOCIATION, AND THE NATIONAL ADVISORY COMMISSION ON CRIMINAL JUSTICE STANDARDS AND GOALS ARE CITED AND QUOTED. BIBLIOGRAPHIES ACCOMPANY SEVERAL OF THE SECTIONS. A SUMMARY OF ABA POLICY ON GRAND JURIES IS INCLUDED. FOR ABSTRACTS OF INDIVIDUAL SECTIONS, SEE NCJ-56004-56009. FOR A SUPPLEMENT ON GRAND JURY INVESTIGATIONS, SEE NCJ-55898. (LKM)