The Role and Significance of Office of Prosecutor in the United States of America with Special Reference to Stamping out of Crime Cover Image

Uloga i značaj tužilačke funkcije u Sjedinjenim Američkim Državama, s posebnim osvrtom na suzbijanje kriminaliteta
The Role and Significance of Office of Prosecutor in the United States of America with Special Reference to Stamping out of Crime

Author(s): Jelena Matijašević, Sanja Vojnić
Subject(s): Criminal Law
Published by: Институт за међународну политику и привреду
Keywords: Common law legal system; principles of office of prosecutor; office of prosecutor in USA; crime; stamping out of crime in USA.

Summary/Abstract: The subject of the paper is to analyse the role and significance of the office of the prosecutor in the USA, whose legal system belongs to the 189 family of Anglo-Saxon law. Taking into consideration the specific features of the common law legal system as well as the principles and characteristics of the office of the prosecutor in a criminal proceeding and investigation in particular, which have been analysed in the article, we have concluded that the role of the prosecutor in the USA is based on the principle of opportuneness and accusatoriness. We have also made a conclusion that in a criminal proceeding of the precedent legal system of the USA the role of the prosecutor is the most important. We have defined the purpose of acting of judicial bodies, while in the part concerning the criminal proceeding rules we have analysed two model of criminal justice in the USA – the model of crime control and the model of acting fairly (correctly). If stamping out of crime is put within a broader framework, we can notice that even the military resources of the USA can be engaged in this field. We conclude that the USA has raised the defence against crime and its organised forms to the highest level.

  • Issue Year: 64/2013
  • Issue No: 1152
  • Page Range: 173-190
  • Page Count: 18
  • Language: Serbian