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ROLE OF THE PROSECUTOR IN THE PROCESS OF CRIMINAL JUSTICE

NCJ Number
44486
Journal
American Bar Association Journal Volume: 63 Dated: (DECEMBER 1977) Pages: 1717-1720
Author(s)
E J SILBERT
Date Published
1977
Length
4 pages
Annotation
THE TRADITIONAL ROLE OF THE PROSECUTOR IS EXAMINED, AND CHANGES IN THE UNITED STATES ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA IN CASE PROSECUTION ARE DESCRIBED.
Abstract
TWO REASONS WHY THE TRADITIONALLY NARROW ROLE OF THE PROSECUTOR HAS NOT BEEN EXPANDED IN THE PAST ARE THE CONCENTRATION BY PROSECUTORS ON THE PHASE OF THE LEGAL PROCESS WHICH INCLUDES CHARGE, INDICTMENT, AND TRIAL OR PLEA AND THE INADEQUATE RESOURCES AVAILABLE TO THE TYPICAL PROSECUTOR'S OFFICE. THE PROBLEMS OF THE TRADITIONAL SYSTEM ARE POINTED OUT. THE U.S. DISTRICT ATTORNEY'S OFFICE FOR D.C. HAS ASSUMED AN INITIATING AND ACTIVE PART IN ALL STAGES OF THE CRIMINAL JUSTICE PROCESS IN AN ATTEMPT TO BRING ABOUT SOME MEASURE OF COHERENCE AND COORDINATION. THE OFFICE HAD MOVED INTO THE AREAS OF PREARREST, POSTARREST, AND PREINDICTMENT INVESTIGATION, AND IS ALSO INVOLVED IN THE SENTENCING PROCESS. MENTION IS MADE OF OPERATION DOORSTEP, A JOINT PROGRAM OF THE LOCAL POLICE DEPARTMENT AND THE PROSECUTOR'S OFFICE WHICH AIMS TO STOP THE 'REVOLVING-DOOR' TYPE OF JUSTICE, AND THE PROGRAM'S OPERATION IS DESCRIBED. THE IMPORTANCE OF COORDINATION AMONG THE SEPARATE COMPONENTS OF THE CRIMINAL JUSTICE PROCESS IS STRESSED. THE AUTHOR CAUTIONS THAT THE MORE ACTIVE ROLE OF THE PROSECUTOR INCREASES THE POTENTIAL FOR ABUSE OF THE SYSTEM DUE TO IMPROPERLY EXERCISED DISCRETION.