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ETHICAL CONSIDERATIONS IN PROSECUTION - ROLES AND FUNCTIONS OF THE PROSECUTOR

NCJ Number
69133
Editor(s)
J J DOUGLASS
Date Published
1977
Length
327 pages
Annotation
CODES, COURT DECISIONS, PROFESSIONAL CANONS, AND STATUTES RELATING TO THE MORAL RESPONSIBILITIES OF THE PROSECUTOR ARE REPRINTED.
Abstract
IT FOCUSES ON DOCUMENTS ESTABLISHING THE PHILOSOPHICAL BASIS OF PROSECUTORIAL CONDUCT INCLUDING EXCERPTS FROM THE TEXAS CODE OF CRIMINAL PROCEDURE AND FROM THE AMERICAN BAR ASSOCIATION'S CODE OF PROFESSIONAL RESPONSBILITY AND CODE OF ETHICAL CONDUCT. THE NEED FOR A PERSONAL CODE OF ETHICS IS EMPHASIZED BECAUSE OF THE PROSECUTORS' BROAD AUTHORITY, AMBIVALENT POSITION AS PUBLIC OFFICIALS AND MEMBERS OF THE LEGAL PROFESSION, AND THE VAGUENESS OF EXISTING GUIDELINES. THE TEXT ALSO REPRINTS OFFICIAL AND UNOFFICIAL SOURCES WHICH SEEK TO PROVIDE PROSECUTORS WITH STANDARDS FOR DECISIONMAKING AND, TO SOME EXTENT, ESTABLISH DISCIPLINARY PROCEDURES FOR FAILURES TO CONFORM. IT PROVIDES DOCUMENTS CONTAINING SPECIFIC RULES FOR DAY-TO-DAY PROSECUTORIAL CONDUCT COVERING VARIOUS ROLES AND FUNCTIONS OF THE PROSECUTOR: (1) PART-TIME PROSECUTORS AND CONFLICTS OF INTEREST, (2) CHARGING AND INVESTIGATION, (3) DISCOVERY, (4) PLEA BARGAINING, (5) RELATIONS WITH THE MEDIA, AND (6) FORENSIC IMPROPRIETY. A BIBLIOGRAPHY WITH OVER 60 CITATIONS AND SOME FOOTNOTES ARE INCLUDED.