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Taking the Cop Out of Copping a Plea: Eradicating Police Prosecution of Criminal Cases

Abstract

This Article examines the fact that several jurisdictions in the United States allow police officers who are not licensed to practice law to prosecute criminal cases. Noting that a prosecutor has virtually unreviewable discretion, the Article catalogues the problems raised when the prosecutor has little or no formal legal education, is not beholden to the rules of legal ethics, and is not the duly elected public prosecutor. The Article maintains that the prosecutor's unauthorized practice of law renders any resulting conviction void and that the prosecution of a criminal case by a police officer violates the defendant's right to due process.

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40 Ariz. L. Rev. 1305 (1998)

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Authors

Andrew Horwitz (Roger Williams University)

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