The Worldwide Accountability Deficit for Prosecutors

36 Pages Posted: 29 Oct 2010  

Ronald F. Wright

Wake Forest University - School of Law

Marc L. Miller

University of Arizona College of Law

Date Written: October 28, 2010

Abstract

In democratic governments committed to the rule of law, the prosecutor must be accountable both to the people and to their laws. The theoretical need for prosecutor accountability, however, meets practical shortcomings in criminal justice systems everywhere. Because individual responsibility is the origin of good behavior among prosecutors, it does not generate the level of public trust that one might expect in a government of laws. Institutional strategies to guarantee prosecutor accountability all fall short of the mark. Call it the accountability deficit.

The answers that various legal systems offer to this problem appear at first to be quite different. Prosecutor accountability in the United States builds on electoral accountability. This external check is designed to compensate for the shortcomings of weak judicial review and overbroad criminal codes in the United States. By contrast, the rest of the world’s criminal justice systems rely on internal bureaucratic accountability. Prosecutors join a centralized bureaucracy and then follow explicit articulated guidance in crucial areas of the job, enforced by regular internal review.

The two forms of accountability, however, have more in common than casual observation suggests. Systems in the United States, driven by long-term growth in prosecutors’ offices and the arrival of information technology, rely more heavily all the time on internal bureaucratic controls. Likewise, systems elsewhere in the world rely on public oversight and respond to public input. Systems with a blend of internal and external controls on criminal prosecutors are now the norm around the world.

This convergence of the two main mechanisms for achieving prosecutorial accountability, however, does not mean that the accountability gap is about to disappear. The scale of the responses that will close the accountability gap must combine boldness and practicality, as modeled in the law of sentencing in the 1980s.

Suggested Citation

Wright, Ronald F. and Miller, Marc L., The Worldwide Accountability Deficit for Prosecutors (October 28, 2010). Washington and Lee Law Review, Forthcoming; Wake Forest Univ. Legal Studies Paper No. 1699266; Arizona Legal Studies Discussion Paper No. 10-39. Available at SSRN: https://ssrn.com/abstract=1699266

Ronald F. Wright (Contact Author)

Wake Forest University - School of Law ( email )

P.O. Box 7206
Winston-Salem, NC 27109
United States
336-758-5727 (Phone)
336-758-4496 (Fax)

Marc Louis Miller

University of Arizona College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States
520-621-1498 (Phone)

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