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Dispelling the Myth of Fighting for
a Leading Role in Criminal Investigation
prosecutorial independence,prosecutors-police Relationship,Separation of powers,impose penalty upon misdemeanor,
|Publication Year :||2019|
Whether the police or a prosecutor plays a leading role in criminal investigation, this question has been an unsolved issue for a long time. However, I cannot figure out the purpose of such debate.
A prosecutor monitors the police to prevent them from abuse of power. It is one of the original reasons that the prosecutorial system was built. In a criminal case, even though the police may play a leading role, they are not exempted from the supervision of a prosecutor. There are fewer conflicts between the prosecutors and the police in the U.S. The reason is that district attorneys are elected, they can hardly continue in office without support from police unions.
A prosecutor instructs the police to exercise their powers according to The Code of Criminal Procedure. The situation does not violate the Principle of Separation of powers. Exercising prosecutorial power is administrative power, not the judiciary. However, a prosecutor’s identity is highly protected, and so is prosecutorial independence. As a consequence, he can take the right decision, without improper pressure and political interference.
Taking the specialty of the prosecutor and the police into account, cases that are involved with political figures, or related to economics, finance or commerce, should be referred to the prosecutor to initiate a preliminary investigation. In order to efficiently allocate resources, it is necessary to empower the police to impose penalty upon violators of some misdemeanors.
|Appears in Collections:||法律學系|
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