What's Changing in Prosecution?

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What's Changing in Prosecution?

The most fundamental and traditional responsibility of the prosecu- tor in the United States has had two facets, both highly infused with moral judgements. First, the prosecutor was to see that “jus- tice was done” to those who engaged in conduct that was both reprehen- sible and illegal. Both Emile Durkheim (1964)1 and James Fitzjames Stephen (1883)2 have argued that the effect of a just result on common morality and social control was the important part of criminal punishment. Second, the prosecutor was to impose an independent judgement between arrest and prosecution. The purpose was to ration both the scarce time of the courts and the scarce space of prisons and also to assure that not only punishment, as to which the judge and jury imposed a check, but even the burdens of trial were imposed on defendants fairly and only when justified.

Statement of Responsibility

Author(s)

Committee on Law and Justice, Philip Heymann and Carol Petrie - Personal Name

Edition