Asia-pacific Journal of Law, Politics and Administration
| Volume 2, No. 2, 2018, pp 33-38 | ||
| Abstract |
Separating Investigations from Functions of Prosecutors
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Abstract
The criminal justice “system” is actually not a “system” in the sense that all parts work together toward a common goal. The police have a goal of providing security, order, and peace to society; prosecutors have the goal of convicting those that have breached social order.
The police must use their discretion daily to keep public order, to make peace among members of society even when that means not pursuing criminal charges. Prosecutors evaluate cases objectively for chargeable offenses and then decide whether to pursue criminal prosecution in the public’s best interest.
In this context, the paper argues that merging the functions of investigation and prosecution in philosophically incongruent, leaves at least the appearance of bias, and threatens the rule of law.