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Series

Criminal Procedure

1998

Prosecutors

Articles 1 - 2 of 2

Full-Text Articles in Law

Publicity In High Profile Criminal Cases, H. Patrick Furman Jan 1998

Publicity In High Profile Criminal Cases, H. Patrick Furman

Articles

No abstract provided.


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 ...