Prosecutorial discretion in adversary system
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Creighton Authors
Melilli, Kenneth J.
Melilli, Kenneth J.
Admin. Units
School of Law
School of Law
Subjects
Public prosecutors; Adversary system (Law); Criminal procedure
Public prosecutors; Adversary system (Law); Criminal procedure
Title
Prosecutorial discretion in adversary system
Prosecutorial discretion in adversary system
Authors
Melilli, Kenneth J.
Melilli, Kenneth J.
Journal
Brigham Young University Law Review
Brigham Young University Law Review
Volume
1992
Issue
3
Pages
669-703
1992
Issue
3
Pages
669-703
Date
1992
1992
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Citation
Kenneth J. Melilli, Prosecutorial Discretion in an Adversary System, 1992 BYU L. Rev. 669.
Kenneth J. Melilli, Prosecutorial Discretion in an Adversary System, 1992 BYU L. Rev. 669.
Abstract
The purpose of this article is to examine the prosecutorial function from the perspective of the prosecutor. The specific context for this examination will be the prosecutor's charging decision, which is the most significant aspect of the prosecutorial function. The issue is whether, and to what extent, a prosecutor's personal assessment of a defendant's guilt should affect those charging decisions. The article examines the extent to which the model of all lawyers as adversaries for the interests of their clients does, and should, influence a prosecutor's charging decision.
Copyright Holder
Copyright (c) 1992 Kenneth J. Melilli
Copyright (c) 1992 Kenneth J. Melilli