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NCJ Number:	47716

Title:	PROSECUTOR AS PUBLIC ENEMY (FROM READINGS IN CRIMINAL JUSTICE, 1978-1979 - ANNUAL EDITIONS, BY DONAL E J MACNAMARA - SEE NCJ-47702)

Author(s):	H SCHWARTZ; B JACKSON

Date Published:	1978

Annotation:	THE EXTENT OF THE PROSECUTOR'S POWER IS DISCUSSED, AND EXAMPLES OF WAYS IN WHICH PROSECUTORS ABUSE THEIR POWER ARE CITED.

Abstract:	IN THEORY PROSECUTORS ARE NEUTRAL AGENTS WHO, BECAUSE THEY ACT IN THE INTERESTS OF PUBLIC MORALITY AND SAFETY, ARE SUBJECT TO FEW RESTRAINTS. PROSECUTORS DECIDE WHETHER A CASE WILL EXIST, SEEK EVIDENCE AND DECIDE WHAT (IF ANYTHING) TO DO WITH IT, AND DECIDE WHAT CRIME, BASED ON EVIDENCE PRESENTED BY THE POLICE, THE STATE WILL CLAIM OCCURRED. AT ANY TIME IN THE COURSE OF A PROSECUTION, THE PROSECUTOR MAY MOVE TO DISMISS THE CASE. IT IS SUGGESTED THAT PROSECUTORS' ABUSE OF THEIR POWERS HAS INCREASED SIGNIFICANTLY SINCE THE MID 1960'S. EXAMPLES ARE CITED OF PROSECUTORS' DELIBERATE SUPPRESSION OF EXCULPATORY EVIDENCE AND SUBORNATION OF PERJURY. CASE EXAMPLES INDICATING THAT PROSECUTORIAL MISCONDUCT IS PARTICULARLY EVIDENT IN POLITICALLY SENSITIVE SITUATIONS ARE DESCRIBED. THE TENDENCY OF FEDERAL PROSECUTORS TO PROCEED IN POLITICAL CASES AS THOUGH THEY 'KNOW' WHO IS GUILTY AND NEED ONLY TO CONVINCE EVERYONE ELSE IS NOTED, AS IS THE FAILURE OF JUDGES, POLICE, AND BAR ASSOCIATIONS TO DO ANYTHING ABOUT PROSECUTORIAL ABUSES. FACTORS CONTRIBUTING TO PROSECUTORIAL ABUSE ARE SAID TO BE THE POLITICAL NATURE OF THE PROSECUTOR'S POSITION AND PROSECUTORS' SENSE OF THEIR MISSION AS AVENGING ANGELS. IT IS POINTED OUT THAT THE LEGITIMATE DOUBLE STANDARD IN CRIMINAL LAW SHOULD BE, BUT IS NOT, THAT DEFENSE LAWYERS DO ANYTHING ETHICAL TO WIN FOR THEIR CLIENTS, WHILE PROSECUTORS, BECAUSE OF THEIR POWER, ARE HELD TO MUCH HIGHER STANDARDS. (LKM)

Index Term(s):	Abuse of authority; Prosecutorial discretion; Prosecutors

Sponsoring Agency:	Dushkin/McGraw Hill Publishing Group, Inc Guilford, CT 06437

Corporate Author:	Dushkin/McGraw Hill Publishing Group, Inc United States of America

Page Count:	4

Format:	Document

Language:	English

Country:	United States of America

Note:	REPRINT FROM HARPER'S MAGAZINE (FEBRURY 1976)



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