Progress and Prosecution

Abstract

Possessing awesome and almost unlimited discretionary powers, the district attorney is the most important figure in America's modern system of criminal justice administration. These powers stem primarily from the unique fact that the public prosecutor exists in a system which was initially premised on a common law concept of private prosecution. The discretion involved in charging and plea-bargaining decisions exemplifies the power granted a civil law official to administer a common law jurisprudence. The value of a return to private prosecution as a control upon unfettered prosecutorial discretion is explored, as well as the suggestion of increased internal guidelines for the exercise of the prosecution function.