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Criminal Procedure

Pace Law Faculty Publications

2011

Articles 1 - 5 of 5

Full-Text Articles in Law

Educating Prosecutors And Supreme Court Justices About Brady V. Maryland, Bennett L. Gershman Oct 2011

Educating Prosecutors And Supreme Court Justices About Brady V. Maryland, Bennett L. Gershman

Pace Law Faculty Publications

The author reviews the Supreme Court decision in Connick v. Thompson and provides a course outline, including problems, for training prosecutors on their duty to disclose materially favorable evidence to the defendant under Brady v. Maryland.


The Zealous Prosecutor As Minister Of Justice, Bennett L. Gershman Jan 2011

The Zealous Prosecutor As Minister Of Justice, Bennett L. Gershman

Pace Law Faculty Publications

As my contribution to this Memorial tribute to Professor Fred Zacharias, I have chosen to write about Fred's 1991 article in theVanderbilt Law Review entitled Structuring the Ethics of Prosecutorial Trial Practice: Can Prosecutors Do Justice? I have always seen this article as a classic, one of the finest and most important discussions of the special role of the prosecutor in the criminal justice system and of the meaning of the prosecutor's ethical duty to “do justice.” This article is cited repeatedly for numerous points: the conception of the prosecutor's duty not to win a case ...


When An Offense Is Not An Offense: Rethinking The Supreme Court’S Reasonable Doubt Jurisprudence, Luis E. Chiesa Jan 2011

When An Offense Is Not An Offense: Rethinking The Supreme Court’S Reasonable Doubt Jurisprudence, Luis E. Chiesa

Pace Law Faculty Publications

No abstract provided.


Pretrial Procedures For Innocent People: Reforming Brady, Lissa Griffin Jan 2011

Pretrial Procedures For Innocent People: Reforming Brady, Lissa Griffin

Pace Law Faculty Publications

In this article, the author proposes that the prosecution’s obligation to disclose exculpatory information to the defense be formalized by statute, court rule, or internal protocol in ways that would reflect the current state of our knowledge of and experience with both Brady and wrongful convictions. This would improve on the current ineffective constitutional protection—and any existing statutory or rule-based regimes—in several ways. First, such a formalized regime would require disclosure of all materials that are reasonably helpful to the defense. Second, unlike the constitutional doctrine, which provides no reliable mechanism for monitoring police disclosure to the ...


Prosecutorial Decisionmaking And Discretion In The Charging Function, Bennett L. Gershman Jan 2011

Prosecutorial Decisionmaking And Discretion In The Charging Function, Bennett L. Gershman

Pace Law Faculty Publications

A prosecutor's charging decision is the heart of the prosecution function. The charging decision involves an extraordinary exercise of discretionary power that is unreviewable. As a result, the decision is difficult to guide except in the broadest terms. The proposed revisions to the ABA's Criminal Justice Standards for the Prosecution Function attempt to address several key issues that inform the charging decision, by broadening the language of several provisions of the current Standards as well as adding several new provisions. To be sure, the proposed Standards significantly change the current Standards with respect to the proper factors and ...