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The Zeal Deal: Prosecutorial Resistance To Post-Conviction Claims Of Innocence, Daniel Medwed

Daniel S. Medwed

This Article analyzes the institutional and political factors deterring prosecutors from accepting the possible legitimacy of post-conviction innocence claims and formulating creative responses to them. Specifically, the institutional culture of most prosecutors' offices treasures convictions; an attorney's conviction rate may serve as a barometer of that person's stature within the organization and a key factor in determining that person's chances for internal advancement. This professional incentive for prosecutors to obtain and maintain convictions may be bolstered by profound psychological and personal bases for believing in the soundness of the verdicts and pragmatic reasons for discounting the possibility that there may …