The Public Interest and the Unconstitutionality of Private Prosecutors

Abstract

This article discusses the history of private and public prosecution in the United States, including standards governing prosecutorial ethics. It argues that the use of private prosecutors is unethical and violative of defendants' constitutional rights. In particular, the article asserts that the use of such prosecutors violates due process principles and creates, at the very least, an unacceptable appearance of impropriety. The article contends that the public's interest in not having its members erroneously charged or convicted in the criminal process outweighs an interested party's right to retain a private prosecutor as set forth in some state laws. In addition to discussing existing statutes and case law allowing and prohibiting private prosecutors, the article contains an extended discussion of the U.S. Supreme Court's decision in Young v. United States ex rel.