Open Access. Powered by Scholars. Published by Universities.®

Legal Ethics and Professional Responsibility Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Legal Ethics and Professional Responsibility

Unstitching Scarlet Letters?: Prosecutorial Discretion And Expungement, Brian M. Murray May 2018

Unstitching Scarlet Letters?: Prosecutorial Discretion And Expungement, Brian M. Murray

Fordham Law Review

This Article argues that scholarly discussions about prosecutorial discretion need to extend their focus beyond the exercise of prosecutorial judgment pretrial or questions of factual and legal guilt. Given that the primary role of the prosecutoris to do “justice,” this Article calls for increased attention to the exercise of discretion after the guilt phase is complete, specifically in the context of expungement of nonconviction andconviction information. It offers a framework for exercising such discretion and, in doing so, hopes to initiate additional conversation about the role of prosecutors during the phases that follow arrest and prosecution.


Implicit Racial Biases In Prosecutorial Summations: Proposing An Integrated Response, Praatika Prasad Jan 2018

Implicit Racial Biases In Prosecutorial Summations: Proposing An Integrated Response, Praatika Prasad

Fordham Law Review

Racial bias has evolved from the explicit racism of the Jim Crow era to amore subtle and difficult-to-detect form: implicit racial bias. Implicit racial biases exist unconsciously and include negative racial stereotypes andassociations. Everyone, including actors in the criminal justice system who believe themselves to be fair, possess these biases. Although inaccessible through introspection, implicit biases can easily be triggered through language. When trials involve Black defendants, prosecutors’ summations increasingly include racial themes that could trigger jurors’ implicit biases, lead to the perpetuation of unfair stereotypes, and contribute to racial injustice and disparate outcomes. This Note examines and critiques the …


Judge Victor Marrero’S Challenge To The Legal Profession: A ‘Little Rebellion Now And Then’, John D. Feerick Jan 2018

Judge Victor Marrero’S Challenge To The Legal Profession: A ‘Little Rebellion Now And Then’, John D. Feerick

Faculty Scholarship

No abstract provided.