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Criminal Procedure

Pace University

1985

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The Burger Court And Prosecutorial Misconduct, Bennett L. Gershman Jan 1985

The Burger Court And Prosecutorial Misconduct, Bennett L. Gershman

Pace Law Faculty Publications

Professor Gershman critically examines a series of recent Supreme Court decisions dealing with prosecutorial misconduct. In each case, the Court reversed the lower court and reinstated the conviction.

There are a broad range of issues involved; from suppression of evidence to trial misconduct. As a former prosecutor in New York City, the author is forced to conclude that, "Prosecutorial misconduct occurs because it works and because sanctions for misbehavior are virtually nonexistent."