NCJ Number
40360
Date Published
1977
Length
188 pages
Annotation
THIS BOOK IS A CRITICAL EXAMINATION OF THE ASSUMPTIONS AND OPERATIONS OF THE BIFURCATED SYSTEM OF CRIMINAL INVESTIGATION AND PROSECUTION.
Abstract
EVERY ASPECT OF THE CRIMINAL PROCESS IS DISCUSSED: CRIMINAL INVESTIGATION, PROSECUTION, GUILTY PLEAS, AND TRIAL. THE AUTHOR SEES MANY OF THE FAILURES OF THE CRIMINAL PROCESS NOT AS PROCEDURAL PROBLEMS BUT AS THE INHERENT AND INEVITABLE CONSEQUENCES OF BIFURCATED AND ADVERSARY INSTITUTIONS. THE POLICE CANNOT BE EXPECTED TO PERFORM THE TWO CONTRADICTORY ROLES OF EFFICIENT INQUISITOR AND ZEALOUS GUARDIAN OF DEFENDANTS' RIGHTS. LIKEWISE, THE ADVERSARY COMPOSITION OF THE JUDICIAL PROCESS DEFEATS THE GOALS OF FAIRNESS AND JUSTICE. THE AUTHOR PROPOSES THE REORGANIZATION OF THE POLICE INVESTIGATORY RESPONSIBILITY WITH THE POWERS OF THE JUDICIARY, CREATING A SINGLE INVESTIGATIVE MAGISTRACY RESPONSIBLE FOR INVESTIGATING AND PROSECUTING CRIMES. THIS MAGISTERIAL CRIMINAL PROCESS IS MODELED AFTER THE FRENCH SYSTEM....MSP