NCJ Number
57170
Journal
Criminal Law Bulletin Volume: 15 Issue: 3 Dated: (MAY/JUNE 1979) Pages: 232-237
Date Published
1979
Length
6 pages
Annotation
A PRACTISING ATTORNEY MAKES SIX RECOMMENDATIONS TO INEQUITIES AND INEFFICIENCIES IN THE MANAGEMENT OF CASES BY AMERICAN PROSECUTORS.
Abstract
THE AUTHOR FINDS THAT THE AMERICAN PROSECUTORIAL SYSTEM CAUSES PROSECUTORS TO BECOME SELF-RIGHTEOUS AND UNABLE TO EMPATHIZE WITH THE DEFENDANT WHEN APPROPRIATE. THIS PROBLEM IS AVOIDED IN THE BRITISH SYSTEM BECAUSE PROSECUTORS REPRESENT DEFENDANTS IN ADDITION TO THEIR DUTIES AS PROSECUTORS, HELPING THEM TO MAINTAIN A PROPER PERSPECTIVE. THE FOLLOWING RECOMMENDATIONS ARE OFFERED: (1) UNIFORM STANDARDS AND POLICIES SHOULD BE ESTABLISHED, MADE KNOWN TO THE STAFFS, AND ENFORCED BY THE PROSECUTOR'S OFFICE; (2) THE CHIEF PROSECUTOR SHOULD BE READY TO OVERRIDE POORLY EXERCISED DISCRETION ON THE PART OF THE STAFF OR POLICE; (3) PROSECUTORS SHOULD NOT BE SO CONCERNED WITH BUILDING UP THEIR CASE STATISTICS, FOR THIS CAN LEAD TO TRYING ONLY EASY CASES AND CAUSING UNNECESSARY PLEA BARGAINING IN THE HARDER CASES, (4) ALTHOUGH THEY ARE ELECTED OR APPOINTED, PROSECUTORS SHOULD WITHSTAND PUBLIC PRESSURES FOR QUICK INDICTMENT; (5) THE PROSECUTOR SHOULD BE ALERT TO ABSURDITIES IN THE LAW, FOR STRICT ADHERENCE TO THE LETTER OF THE LAW CAN LEAD TO UNJUST RESULTS; AND (6) COMMON COURTESY SHOULD BE OBSERVED BY ADHERING TO SCHEDULES AND NOTIFYING ADVERSARIES OF ADJOURNMENTS. ONE FOOTNOTE IS INCLUDED. (STB)