NCJ Number
181812
Date Published
1999
Length
321 pages
Annotation
The author argues that a criminal trial is not analogous to a sporting event, that prosecutors and defense attorneys are different from each other, and that the allocation of advantages to each side in a criminal trial must be uneven in order to be fair.
Abstract
In an exploration of the powers of the prosecutor and the prerogatives of the defense, the author questions whether the criminal justice system is fair through unequal and whether its inequalities may subvert fair results. On the one hand, he points out the prosecutor has unmatched and virtually unreviewable discretion to choose the target of a prosecution, the charge, and to a large extent the timing of an indictment. In addition, the prosecution is first on the scene to develop evidence and is entitled to compel the production of evidence from reluctant custodians. On the other hand, the defense attorney enjoys virtually unrestricted license to argue contrary to his or her own beliefs, as well as broad powers to discover evidence from the prosecutor's files. The author concludes that, although the overall criminal justice system reflects a fair distribution of advantages and disadvantages, the imbalance is so severe in certain areas so as to undermine justice. He offers recommendations for reform in these problem areas.