Download This PaperThe New Prosecutors
66 Pages Posted: 26 Nov 2009
Date Written: 1992
Abstract
Part I of this article examines in greater detail this vast accretion of prosecutorial power, and explains how this transformation has resulted in a radical skewing of the balance of advantage in the criminal justice system in favor of the state. Part II then offers several suggestions on restoring some equilibrium to the process. Equilibrium should be restored because the prosecutor, with the power of the state behind him or her, should not have this unfair advantage. Reliability and fairness will suffer if the equilibrium continues its shift.
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