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A Dynamic Theory of Prosecutorial Roles in Adversarial Trials

Accepted version
Peer-reviewed

Type

Article

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Authors

Garg, Arushi 

Abstract

Prosecutors in adversarial systems are simultaneously expected to be impartial ministers of justice and partisan advocates. Leaving this tension unaddressed can result in poor quality prosecutorial decision-making. This article develops a novel “dynamic” framework for prosecutors to navigate between and prioritise these competing considerations, which can be used to understand, evaluate, and improve prosecutorial performance. Under this framework, the prioritisation should depend on which function the prosecutor is exercising at any given time. The article then deploys primary data collected in Delhi, through court observation and interviews with judges, lawyers, victims, and victim support-persons, to exemplify and justify the framework.

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Keywords

Journal Title

Asian Journal of Law and Society

Conference Name

Journal ISSN

2052-9015
2052-9023

Volume Title

Publisher

Cambridge University Press

Publisher DOI

Publisher URL

Sponsorship
I am not sure this is relevant. The fieldwork for the article was conducted as part of my DPhil at Oxford and was supported by a range of scholarships and student grants including the Rhodes, Mann Senior Scholarship (Hertford college, Oxford), bursary from Magdalen college, and small travel grants from the Law Faculty, Oxford Pro Bono Publico and Rhodes Trust. To my knowledge, none of these place any publication requirements or restrictions.