Self-Defense in Criminal Cases.One of the frustrations many businesses encounter is that once the perpetrators of the crimes are identified, the prosecutor's office will not pursue the case. One option is for victims to sue the prosecutor to try to force him to prosecute, but this would be costly and it would be difficult to prove a breach of duty. The DA is indeed immune. Other options are more promising. The law should encourage (and prosecutors should accommodate) the private preparation of criminal cases. Prosecutorial budgets simply do not allow for vigorous prosecution of all available criminal cases. Logic and facts show that in private law, plaintiffs win about 50 percent of cases. This is because parties are more likely to settle unbalanced matters amicably. Prosecutors, on the other hand, win well over 50 percent of their cases because they have budget constraints and therefore choose, whenever possible, to enter the court with only cases they are likely to win. Victims should be allowed to hire private attorneys and other professionals to prepare cases against the accused and thus expand the resources of public prosecutors. Lawyers can be hired on a pro bono basis (for good) or for remuneration. This is already happening in some white-collar cases where financial complexities are beyond prosecutors' expertise, such as complicated embezzlement cases, certain oil and gas scams, and cases involving misuse of construction trust funds. Today, many cases are never prosecuted for just one reason. or another. For example, in approximately 40 percent of federal embezzlement and fraud cases, charges are dropped due to insufficient evidence to convict, given available resources.85 In some cases, prosecutors “deputize” lawyers to also judge cases. Many private attorneys have criminal experience as former prosecutors or public defenders. A logical extension of private trial preparation is the complete privatization of the prosecutor's work through outsourcing. Of course, private attorneys are often appointed pro bono for criminal defense. Private attorneys may be deputized for a single trial or for ongoing prosecutorial work, either pro bono or under contract. The same remedies are available to finance criminal prosecutions and civil prosecutions. Commercial insurance policies could be exponential...... middle of paper ...... bringing witnesses before a grand jury, or the person under investigation, has become a minuet well orchestrated, even cynical. Perhaps the first and most important task is to overcome the cynicism of so many lawyers inside and outside government for whom a concern for "fairness" somehow signifies weakness. This is a cynicism that government lawyers should not have the luxury of acting on. In reality, a commitment to fairness is a very reliable sign of strength and confidence in the merits of one's position, and it is usually those who fear forum fairness who fear merit-based outcomes the most . Recently, controversy has arisen over whether Justice Department lawyers are bound by state codes of ethics and by analogous rules of practice in local federal courts. The problem arises from rules that restrict lawyers' contact with..