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Democracy And Criminal Discovery Reform After Connick And Garcetti, Janet Moore
Democracy And Criminal Discovery Reform After Connick And Garcetti, Janet Moore
Faculty Articles and Other Publications
A leading cause of wrongful conviction and wasteful litigation in criminal cases is the nondisclosure of information beneficial to the defense by prosecutors and law enforcement as required by Brady v. Maryland. In Connick v. Thompson and Garcetti v. Ceballos, the Supreme Court weakened Brady’s enforceability by limiting the deterrent force of 42 U.S.C § 1983 liability. Connick highlights Garcetti’s implications as a criminal discovery case, which scholars have not fully analyzed. While Connick restricted § 1983 liability when prosecutors confess to suppressing exculpatory evidence, Garcetti restricted liability when prosecutors are disciplined for bringing Brady evidence to light. …
False Justice And The “True” Prosecutor: A Memoir, Tribute, And Commentary, Mark A. Godsey
False Justice And The “True” Prosecutor: A Memoir, Tribute, And Commentary, Mark A. Godsey
Faculty Articles and Other Publications
This article is a review of False Justice: Eight Myths that Convict the Innocent by Jim and Nancy Petro. But this article is also a memoir, in that I tell the story, from my own perspective as Director of the Ohio Innocence Project, of how I have watched Jim Petro go from prosecutor and elected Attorney General of Ohio to a leading champion of the wrongfully convicted across the nation. The article is also a commentary in that, along the way, I address what makes Jim Petro so different from many prosecutors in this country. In this respect, I discuss …