Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Hofstra Law Review

Prosecutorial misconduct

Publication Year

Articles 1 - 5 of 5

Full-Text Articles in Entire DC Network

Stop Blaming The Prosecutors: The Real Causes Of Wrongful Convictions And Rightful Exonerations, Charles E. Maclean, James Berles, Adam Lamparello Jan 2015

Stop Blaming The Prosecutors: The Real Causes Of Wrongful Convictions And Rightful Exonerations, Charles E. Maclean, James Berles, Adam Lamparello

Hofstra Law Review

Wrongfully convicted and rightfully exonerated criminal defendants spent, on average, ten years in prison before exoneration, and the ramifications to the defendants, the criminal justice system, and society are immeasurable. Prosecutorial misconduct, however, is not the primary cause of wrongful convictions. To begin with, although more than twenty million new adult criminal cases are opened in state and federal courts each year throughout the United States, there have been only 1,281 total exonerations over the last twenty-five years. In only six percentof those cases was prosecutorial misconduct the predominant factor resulting in those wrongful convictions. Of course, although prosecutorial misconduct …


The (Lack Of) Enforcement Of Prosecutor Disclosure Rules, Kevin C. Mcmunigal Jan 2010

The (Lack Of) Enforcement Of Prosecutor Disclosure Rules, Kevin C. Mcmunigal

Hofstra Law Review

No abstract provided.


Prosecutors And Corrupt Science, Kevin C. Mcmunigal Jan 2007

Prosecutors And Corrupt Science, Kevin C. Mcmunigal

Hofstra Law Review

No abstract provided.


The Legal Profession's Failure To Discipline Unethical Prosecutors, Angela J. Davis Jan 2007

The Legal Profession's Failure To Discipline Unethical Prosecutors, Angela J. Davis

Hofstra Law Review

This article explores the legal profession's failure to hold prosecutors accountable for misconduct and other ethical violations. Part I introduces the piece, providing several examples of prosecutorial power and abuse in the criminal justice system. Part II discusses prosecutorial misconduct and the inadequacy of current legal remedies. Part III argues that the Model Rules of Professional Responsibility have not provided adequate guidance to prosecutors, and that the disciplinary process has not been effective in disciplining prosecutors when they have abused their power and discretion. Part IV contends that the disbarment of Mike Nifong – the prosecutor in the Duke lacrosse …


Professional Discipline Of Prosecutors: A Response To Professor Zacharias, Monroe H. Freedman Jan 2001

Professional Discipline Of Prosecutors: A Response To Professor Zacharias, Monroe H. Freedman

Hofstra Law Review

In a recent article, The Professional Discipline of Prosecutors, Professor Fred C. Zacharias reports the results of an empirical study he has conducted of disciplinary actions against prosecutors. Based on a computer search of reported cases, he concludes that there is an "overall trend of infrequent [disciplinary] prosecutions," suggesting "neglect or sloth" on the part of the authorities, and he properly calls for more effective use of professional discipline of prosecutors.