The New Prosecutors

66 Pages Posted: 26 Nov 2009

Date Written: 1992


Part I of this article examines in greater detail this vast accretion of prosecutorial power, and explains how this transformation has resulted in a radical skewing of the balance of advantage in the criminal justice system in favor of the state. Part II then offers several suggestions on restoring some equilibrium to the process. Equilibrium should be restored because the prosecutor, with the power of the state behind him or her, should not have this unfair advantage. Reliability and fairness will suffer if the equilibrium continues its shift.

Suggested Citation

Gershman, Bennett L., The New Prosecutors (1992). University of Pittsburgh Law Review, Vol. 53, p. 393, 1992. Available at SSRN:

Bennett L. Gershman (Contact Author)

Pace University - School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States
914-422-4255 (Phone)
914-422-4168 (Fax)

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