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Series

Criminal Procedure

Pace Law Faculty Publications

Professional Ethics

1998

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Full-Text Articles in Law

Mental Culpability And Prosecutorial Misconduct, Bennett L. Gershman Jan 1998

Mental Culpability And Prosecutorial Misconduct, Bennett L. Gershman

Pace Law Faculty Publications

This Article argues that a prosecutor's intent is always relevant to the courts' analysis of misconduct, and that the courts should always consider a prosecutor's intent in determining whether a rule was violated and whether the verdict was prejudiced. Part II of this Article examines the use of the objective test to analyze a prosecutor's trial conduct. Part II offers several reasons courts give for avoiding inquiry into a prosecutor's mental culpability, analyzes those reasons, and concludes that although the application of an objective test is sufficient to correct misconduct in some instances, it does not ...