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It contrasts crime control and due process as competing operational objectives, then focuses specifically on the prosecutor’s role in fact-finding and trial fairness. Drawing on juristic statements and comparative legal positions, it analyzes whether proclaimed principles align with actual prosecutorial conduct within the accusatorial framework and its underlying assumptions about truth discovery.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/the-prosecutor-as-a-minister-of-justice-a-critical-appraisal/637233/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/the-prosecutor-as-a-minister-of-justice-a-critical-appraisal/637233.png","ImageObject",300,407,{"name":92,"@type":93},"moss~","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-11-04","2026-10-22",true,{"@type":102,"interactionType":103,"userInteractionCount":81},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What tension drives the article’s critique of the administration of justice?","Question",{"text":112,"@type":113},"The article argues that analysis reveals dissonance between the concept and reality—between myth and truth—because administrators often compromise ideals within fundamental norms for expediency.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"How do “crime control” and “due process” differ in the administration of criminal law?",{"text":117,"@type":113},"Crime control prioritizes preservation of order with an authoritarian connotation, while due process holds that the ends must justify the means and that a fair trial matters more than convicting the guilty.",{"name":119,"@type":110,"acceptedAnswer":120},"What role does the prosecutor supposedly play according to the cited statements?",{"text":121,"@type":113},"The prosecutor is characterized as a non-partisan fact-presenter, positioned as part of the court and regarded as a minister of justice rather than a 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Introduction\n\nNeither a pragmatist,nor an idealist will find much comfortin an analysis of the process glibly referred to as the administrationof justice;for it is through analysis that the dissonance betweenthe concept and the realty,the myth and the truth,becomes mani-fest.The divergence exists not because of lack of revelation,butrather because the very idea of efficient administration in the eyesof the Administrators requires that the ideal be mitigated and com-promised within certain fundamental norms to become the expe-dient.  \nWhen,as in the field of the administration of criminal justice,conflict exists between co-existent norms of equivalent strength thecompromise of principle becomes greater,there being less polarizationtoward either norm.  \nIn concrete terms,two operationally oriented norms,whichPacker has termed “crime control”and“due process”,dominate theadministration of the criminal law.1 The first,tainted with an au-thoritarian connotation,values the preservation of order as a para-mount objective:the manner of achieving that end is necessarilysecondary.The latter view holds that the end attained must justifythe means used and that a fair trial of an accused is more importantthan the conviction of the guilty.  \nThose charged with the day-to-day administration of the systemwould probably claim that the two values are not inimical,but thepractice and the history tend to show that due process receives morelip-service than real respect.  \nThe present paper is an inquiry into one small area of theadministration of criminal justice—the prosecutor.2 It is an at-  \ntempt to reveal what compromises have been accepted,what sacri-fices have been made,and what has been ultimately achieved.  \n## The Conceptual Framework\n\nLord Wright,a jurist of eminence,has written categorically:  \nI am most firmly convinced by all my experience and study of and reflectionupon law that its primary purpose is the quest of justice.3  \n“Justice”,it is taken to mean,is merely a state in which no man'srights are adversely affected unless and until the courts,in applyingthe proper positive law to the relevant facts in issue,determinethat they should be.  \nIt follows that“justice”is the result,in part,of fact findingand that no“justice”may be had where the court is not seized ofall the relevant facts upon which it may properly adjudicate.  \nThe rules attending a criminal prosecution are supposedly sophis-ticated procedures devised to ensure that only those guilty in theeyes of the law will be convicted.The issue then becomes,are theseprocedures compatible with what Lord Wright saw as their pur-poses;or was he myopic in his reflection and misinformed in hisstudy,even perhaps,forced to tell an embarrassed lie?  \nThe role and function of the prosecution at a criminal trial,asexpressed in general theory at least,is not really subject to dispute.The classic statement of Riddle,J.A.,in R.v.Chamandy⁴wouldseem to sum up the Canadian position:  \nIt cannot be made too clear,that in our law,a criminal prosecution isnot a contest between individuals,nor is it a contest between the Crownendeavouring to convict and the accused endeavouring to be acquitted;but it is an investigation that should be conducted without feeling oranimus on the part of the prosecution,with the single view of determiningthe truth.5  \nWith specific reference to the prosecution,Taschereau,C.J.,(dissenting on other matters)statos what appears to be the acceptedposition in Boucher v.The Queen:6  \nLa situation qu'occupe I'avocat de la Couronne n'est pas celle de Iavocaten matiere civile.Ses fonctions sont quasi-judiciaires.II ne doit pas tantchercher à obtenir un verdict de culpabilité qu'a assister le juge et le jurypour que la justice la plus complete soit rendue.La modération et limpar-  \ntialité doivent toujours etre les caractéristiques de sa conduite devantle tribunal.7  \nThe prosecutor is therefore,as it seems","cbCaiqtBSxkrollw","https://ap.wps.com/l/cbCaiqtBSxkrollw","pdf",386939,18,"English","# Introduction\n## The Conceptual Framework\n# The Accusatorial System","[{\"question\":\"What tension drives the article’s critique of the administration of justice?\",\"answer\":\"The article argues that analysis reveals dissonance between the concept and reality—between myth and truth—because administrators often compromise ideals within fundamental norms for expediency.\"},{\"question\":\"How do “crime control” and “due process” differ in the administration of criminal law?\",\"answer\":\"Crime control prioritizes preservation of order with an authoritarian connotation, while due process holds that the ends must justify the means and that a fair trial matters more than convicting the guilty.\"},{\"question\":\"What role does the prosecutor supposedly play according to the cited statements?\",\"answer\":\"The prosecutor is characterized as a non-partisan fact-presenter, positioned as part of the court and regarded as a minister of justice rather than a representative of a special interest, tasked with assisting the delivery of the most complete justice.\"}]","The Prosecutor as a Minister of Justice - a Critical Appraisal | PDF",1792680109,45]