Cyrus Vance Jr. and the DSK Rape Case - The Daily Beast

Cyrus Vance Jr. and the DSK Rape Case - The Daily Beast

"The Manhattan district attorney, Cyrus Vance, Jr., is facing a torrent of criticism for his handling of the Dominique Strauss-Kahn case. Some of this may be justified-whether he rushed to judgment in seeking an indictment before he had gathered all the facts, for example. But much of the condemnation of his decision to dismiss the case reflects a fundamental misunderstanding of the American criminal justice system, and particularly the role of the prosecution.

Evolving from British common law, the American judicial system has become adversarial in nature-two sides squaring off before a judge and jury. By contrast, the European system is described as "inquisitorial."

In most European countries, the judge or magistrate supervises the investigation, gathering facts, talking to witnesses. In America, the prosecution, working through police, performs this function.
In the American system, each side marshals the facts and evidence most favorable to its case, in civil as well as criminal proceedings. From this, the truth is supposed to emerge. It is sometimes called "trial by combat," and it has effectively become a game with each side wanting to win in the courtroom much like on the tennis court.

The role of the prosecutor is profoundly different from that of the defense counsel. Mr. Vance's responsibility was not to convict Dominique Strauss-Kahn. "The duty of the prosecutor is to seek justice, not merely to convict," says the American Bar Association, which sets the standards and ethical guidelines for lawyers. Expanding: "Although the prosecutor operates within the adversary system, it is fundamental that the prosecutor's obligation is to protect the innocent as well as to convict the guilty, to guard the rights of the accused as well as to enforce the rights of the public.""