Prosecutorial Discretion in an Adversary System

36 Pages Posted: 26 Sep 2012

See all articles by Kenneth Melilli

Kenneth Melilli

Creighton University - School of Law

Date Written: 1992


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.

Keywords: prosecutor, prosecutorial function

Suggested Citation

Melilli, Kenneth, Prosecutorial Discretion in an Adversary System (1992). Brigham Young University Law Review, Vol. 1992, 1992, Available at SSRN:

Kenneth Melilli (Contact Author)

Creighton University - School of Law ( email )

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Omaha, NE 68178
United States

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