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PROSECUTORIAL INVESTIGATIONS (FROM PRETRIAL PROBLEMS OF THE PROSECUTOR, 1977, BY JOHN JAY DOUGLASS - SEE NCJ-56003)

NCJ Number
56004
Author(s)
A W MELOLING
Date Published
1977
Length
16 pages
Annotation
THE ROLE OF THE PROSECUTOR IN CRIMINAL INVESTIGATIONS IS OUTLINED IN A DISCUSSION DIRECTED TO PROSECUTORS.
Abstract
THE PROSECUTOR'S INVESTIGATIVE POWERS AND RESPONSIBLITIES ARE DISCUSSED, WITH REFERENCE TO AMERICAN BAR ASSOCIATION STANDARDS. THE RELATIONSHIP BETWEEN PROSECUTORS AND POLICE AGENCIES IN CRIMINAL INVESTIGATIONS, INCLUDING THOSE INITIATED BY POLICE AND THOSE STEMMING FROM COMPLAINTS BY PRIVATE CITIZENS, IS CONSIDERED. FACTORS IN THE INITIATION OF CRIMINAL INVESTIGATIONS BY PROSECUTING ATTORNEYS ARE OUTLINED, AS IS THE RELATIONSHIP OF THE PROSECUTOR TO THE GRAND JURY IN ITS INVESTIGATIVE CAPACITY. GUIDELINES PERTAINING TO EVIDENCE COLLECTION, INTERVIEWS WITH WITNESSES AND SUSPECTS, EXAMINATION OF SUSPECTS' PRIOR RECORDS, AND ANTICIPATION OF POSSIBLE DEFENSES ARE OFFERED. THE IMPORTANCE OF A CLOSE WORKING RELATIONSHIP BETWEEN THE PROSECUTOR AND THE INVESTIGATOR IS BROUGHT OUT. THE ALLOCATION OF PRECHARGING INVESTIGATIVE RESPONSIBILITY BETWEEN PROSECUTORS' OFFICES AND POLICE, IN BOTH LARGE AND SMALL OFFICES, IS DISCUSSED. CALIFORNIA DISTRICT ATTORNEYS ASSOCIATION UNIFORM CRIME-CHARGING STANDARDS PERTAINING TO THE SCOPE OF PRECHARGING INVESTIGATIONS, BOTH BEFORE AND AFTER AN ARREST HAS BEEN MADE, ARE CITED. PROSECUTORS ARE REMINDED THAT, WHETHER INITIATED BY POLICE, GRAND JURIES, OR PROSECUTORS' OFFICES, INVESTIGATIONS SHOULD BE DIRECTED TOWARD DETERMINING WHETHER A CRIME HAS BEEN COMMITTED AND WHETHER THERE IS SUFFICIENT LEGALLY ADMISSIBLE EVIDENCE TO ESTABLISH CRIMINAL RESPONSIBILITY BEYOND A REASONABLE DOUBT. (LKM)