Role of the Attorney (From Criminal Justice: Introductory Cases and Materials, Fifth Edition, P 287-354, 1991, John Kaplan and Jerome H Skolnick, et al., -- See NCJ-130236)

• NCJ Number: 130242
• Author(s): J Kaplan; J H Skolnick; M M Feeley
• Date Published: 1991
• Length: 68 pages
• Sale Source: Foundation Press
• Publication Type: Training (Aid/Material)
• Language: English
• Country: United States of America

Annotation

After profiling the adversarial system for resolving criminal cases and the roles of the prosecutor, defense attorney, and judge within this system, this chapter examines issues in the work of the prosecutor and the defense attorney.

Abstract

The discussion of the responsibilities of the prosecutor focuses on prosecutorial discretion in decisionmaking affecting case outcomes. This involves the prosecutorial decision to charge or not to charge. Common criteria for this decision are outlined. An outline of alternatives to prosecution addresses commitment of the mentally ill, nuisance proceedings, warning, and restitution. A discussion of controls on prosecutorial discretion considers the problem of standards, prosecutorial motive, and the control of prosecutorial decisionmaking through rules. A section on the prosecutor as an advocate covers the prosecutor's duty of fairness and the inmate's view of the prosecutor. The discussion of the defense attorney considers ethical issues in the defense of the "guilty" and compares prosecutorial ethics to defense counsel ethics. Defense attorneys' duties to clients are compared with their duties to the court. The chapter concludes with a discussion of defense legal aid services. Court cases are presented to explain some of the concepts discussed. 10 recommended readings