NCJ Number
1873
Date Published
1969
Length
121 pages
Annotation
AN EXAMINATION OF THE DECISION-MAKING ROLE OF THE PROSECUTOR IN PRE-TRIAL DETERMINATIONS IN TORONTO, MONTREAL, AND OTTAWA.
Abstract
EVERY DAY DECISIONS MADE BY PROSECUTORS BEFORE TRIALS TAKE PLACE CRITICALLY AFFECT THE RIGHTS OF CITIZENS, YET THESE DECISIONS REMAIN A GREY AREA IN THE ADMINISTRATION OF CRIMINAL JUSTICE. THERE ARE CONSIDERABLE AND IMPORTANT DIFFERENCES BETWEEN WHAT THE PROSECUTOR DOES AND WHAT THE LEGAL LITERATURE AND JUDICIAL DECISIONS SAY HE SHOULD DO. VERY LITTLE IS KNOWN ABOUT THE POWERS WIELDED BY PROSECUTORS AND THE FACTORS WHICH INFLUENCE THEIR EXERCISE OF DISCRETION. DESCRIBED AND ANALYZED ARE THE PROSECUTOR'S INFORMAL RELATIONS WITH THE POLICE AND DEFENSE LAWYERS, AND THE SIGNIFICANCE THESE RELATIONSHIPS HAVE FOR THE ACCUSED AND FOR THE FAIR ADMINISTRATION OF JUSTICE. THE DECISION TO BEGIN PROSECUTION, THE NEGOTIATED GUILTY PLEA, AND THE PROSECUTOR'S ADMINISTRATIVE BIAS, AND RECOMMENDATIONS FOR JUDICIAL AND LEGISLATIVE REFORM ARE INCLUDED. A BASE REFERENCE IS INCLUDED. (AUTHOR MODIFIED)