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In Search of the Virtuous Prosecutor: A Conceptual Framework

NCJ Number
112127
Journal
American Journal of Criminal Law Volume: 15 Issue: 3 Dated: (Spring 1988) Pages: 197-261
Author(s)
S Z Fisher
Date Published
1988
Length
65 pages
Annotation
Although both incentives and deterrents are important in reducing prosecutor 'overzealousness,' the problem lies largely in failing to give prosecutors a coherent understanding of their quasi-judicial role.
Abstract
Prosecutorial 'overzealousness' is manifested in prosecuting rather than dismissing a case, selecting many and serious charges, interpreting substantive criminal law expansively and procedural protections narrowly, winning as many convictions as possible, and seeking severe rather than lenient sentences. Such overzealousness stems from various factors, including conflicting roles assigned to prosecutors (advocacy for conviction and advocacy for 'justice'), the vagueness of the injunction to 'do justice,' and a host of institutional pressures to pursue high conviction rates. Instilling in prosecutors a more coherent vision of their quasi-judicial duty and its relation to their duty of 'zealous advocacy' would strengthen their ability to resist pressures to adopt a 'conviction mentality.' The prosecutor's quasi-judicial function connotes both an impartial role orientation and commitment to a broad set of values, including 'justice.' Agencies should reinforce their prosecutors' desire to do justice through such devices as recruitment, training, and supervision. 263 footnotes.