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NCJ Number: 66361 Find in a Library
Title: PREINDICTMENT PROSECUTORIAL CONDUCT IN THE FEDERAL SYSTEM
Journal: JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY  Volume:71  Issue:1  Dated:(SPRING 1980)  Pages:1-31
Author(s): J F HOLDERMAN
Corporate Author: Northwestern University
School of Law
Managing Editor
United States of America

Williams and Wilkins Co
United States of America
Date Published: 1980
Page Count: 31
Sponsoring Agency: Institute for Scientific Information
Philadelphia, PA 19104
Northwestern University
Chicago, IL 60611
Williams and Wilkins Co
Baltimore, MD 21202
Sale Source: Williams and Wilkins Co
428 East Preston Street
Baltimore, MD 21202
United States of America

Institute for Scientific Information
University City Science Ctr
3501 Market Street
Philadelphia, PA 19104
United States of America
Language: English
Country: United States of America
Annotation: THE POTENTIAL FOR PROSECUTORIAL ABUSE IS ANALYZED AT THE PREINDICTMENT STAGE WHERE PROCEDURES ARE TRADITIONALLY CARRIED ON IN SECRET AND THEREFORE OFFER INTRINSIC OPPORTUNITY FOR ABUSE.
Abstract: PROPER PROSECUTORIAL CONDUCT IS CONSIDERED WITHIN THE PARAMETERS OF THE INVESTIGATIVE STAGE OF THE FEDERAL CRIMINAL JUSTICE SYSTEM, PRIOR TO BRINGING A FORMAL CHARGE AGAINST A DEFENDANT, BECAUSE IT IS IN THIS PHASE THAT A DEFENDANT'S RIGHTS MAY BE IRREPARABLY PREJUDICED WITHOUT THE DEFENDANT, HIS LAWYER, OR THE COURT EVER FINDING OUT. A SUMMARY OF THE PUBLISHED STANDARDS FOR PROSECUTORIAL CONDUCT IS USED AS A FRAMEWORK WITHIN WHICH POTENTIAL VIOLATIONS ARE EVALUATED. PROGRESSIVE STAGES OF THE INVESTIGATIVE PROCESS ARE THEN OUTLINED, THE DISCUSSION IDENTIFYING THE PROSECUTOR'S TASKS AND THE POTENTIALS FOR MISCONDUCT. FOR EXAMPLE, THE VERY DECISION TO INVESTIGATE AND EMPLOY THE GRAND JURY IS AT THE PROSECUTORS' DISCRETION, SINCE THE STANDARDS DO NOT DELINEATE CRITERIA FOR INVESTIGATING A CRIME OR EMPLOYING THE GRAND JURY. FURTHER, GRAND JURY POWER CAN ONLY BE USED FOR THE DISCOVERY OF CRIMINAL ACTIVITIES, AND ABUSE IS COMMITTED IF A GOVERNMENT ATTORNEY FOCUSES THE INVESTIGATION TOWARD UNCOVERING EVIDENCE TO BE USED IN A CIVIL ACTION. OTHER AREAS OF POTENTIAL MISCONDUCT INVOLVE THE USE OF GRAND JURY SUBPOENA POWER, PREAPPEARANCE INTERVIEWS, REQUESTS FOR DOCUMENTS, AND THE TIME ALLOWANCE FOR COMPLIANCE WITH SUBPOENA. THE PROSECUTION ROLE AND FUNCTION WITHIN THE GRAND JURY ROOM IS BASICALLY DEPENDENT UPON THE PERSONAL INTEGRITY OF THE PROSECUTORS, SINCE CONFLICT MAY ARISE BETWEEN THEIR DUAL ROLE OF ADVOCATE AND GRAND JURY ADVISOR. ADDITIONAL QUESTIONS RAISED INCLUDE THE RECORDING OF PROCEEDINGS, SUBPOENA OF INVESTIGATION 'TARGETS,' PRESENTATION OF FAVORABLE EVIDENCE TO THE GRAND JURY, MAINTAINING SECRECY, BARGAINING FOR TESTIMONY UNDER IMMUNITY, AND TIMING INDICTMENTS. IN THE FUTURE, MORE OPEN DISCLOSURE OF THE PREINDICTMENT STAGE WILL BE REQUIRED BECAUSE OF THE INCREASING IMPORTANCE OF THIS PHASE IN THE CRIMINAL JUSTICE SYSTEM. FOOTNOTES ARE INCLUDED. (MRK)
Index Term(s): Grand juries; Indictment; Investigative powers; Pretrial procedures; Professional conduct and ethics; Prosecutorial discretion; Prosecutors
Note: PRICE QUOTED FOR WILLIAMS AND WILKINS CO. IS FOR THE ENTIRE ISSUE.
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66361

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