Prosecutorial discretion in adversary system
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Melilli, Kenneth J.
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.
Kenneth J. Melilli, Prosecutorial Discretion in an Adversary System, 1992 BYU L. Rev. 669.
Copyright (c) 1992 Kenneth J. Melilli