Open Access. Powered by Scholars. Published by Universities.®
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
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
The (Lack Of) Enforcement Of Prosecutor Disclosure Rules, Kevin C. Mcmunigal
Hofstra Law Review
No abstract provided.
Prosecutors And Corrupt Science, Kevin C. Mcmunigal
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
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
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.