NCJ Number
118594
Date Published
1988
Length
5 pages
Annotation
The prosecutor's duty to the court is traced from the arraignment of the accused to the sentencing.
Abstract
Tests for determining whether to prosecute on the evidence available, whether there is reasonable prospect of conviction, or whether an acquittal is more likely than a conviction are discussed. The number of charges or counts in the indictment, consideration of the wording of the charges or counts, and other particulars are examined. Satisfaction of all preconditions to a successful prosecution, for example, within the allotted time period or other requirements, are discussed, and guidelines are supplied for disclosing evidence in possession of the prosecution that should be disclosed to the defense. The duties of the prosecutor at the summing-up stage and at the point of sentencing are outlined as well.