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THE CAREER PROSECUTOR.

Authors :
Nedrud, Duane R.
Source :
Journal of Criminal Law, Criminology & Police Science; Jan/Feb1961, Vol. 51 Issue 5, p557-560, 4p
Publication Year :
1961

Abstract

This article discusses the problems with the prosecutor system. When a district attorney withholds information by not eliciting from a State's witness the facts favorable to the defendant, and even deliberately tries to give the impression such facts do not exist; or when a prosecutor allows his witness to testify that no consideration was given to said witness for cooperation, without correction when that statement is untrue or when the district attorney, in a weak case, uses words to suggest race prejudice in order to win; or when improper summation tactics are used, it must be classified as prosecutor's bias. The reason that prosecutor's bias continues to exist may be that no lawyer interested in a result can be fair. It is unrealistic to argue that the prosecutor be impartial and let the jury decide. Human aspects dictate that a lawyer in a courtroom believes that his case is in the right. In addition, the prosecutor, as an advocate, has a compulsion to fight fire with fire against the tactics used by defense lawyers. Courts are hamstringing the prosecutor with their adverse decisions on wire tapping, search and seizure, inability of the state to appeal, confessions of defendants, and the use of proper law enforcement techniques. Legislatures refused to correct such deplorable decisions, or to make any improvements in archaic criminal laws. This is because courts and legislative bodies are generally uninformed. They listened to do-gooder groups and others who desire to portray their law enforcement agents as members of a vicious army. The need for balancing the equities must come from a strong national group, as well as state groups of Career Prosecutors.

Details

Language :
English
ISSN :
00220205
Volume :
51
Issue :
5
Database :
Supplemental Index
Journal :
Journal of Criminal Law, Criminology & Police Science
Publication Type :
Academic Journal
Accession number :
16637047
Full Text :
https://doi.org/10.2307/1141425