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Criminal Law

Journal

1999

Justice

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Why Should Prosecutors "Seek Justice"?, Bruce A. Green Jan 1999

Why Should Prosecutors "Seek Justice"?, Bruce A. Green

Fordham Urban Law Journal

This article discusses how prosecutors should conduct themselves in light of the principle that has traditionally ben thought to define the prosecutor's professional ethos: "the duty to seek justice." Part I sketches the outlines of this concept, both historically and in its contemporary incarnation. Part II offers two reasons for asking why prosecutors should seek justice. Part III examines alternative justifications for the duty--first, that the duty derives from prosecutors' extraordinary power, and second, that the duty derives from their role on behalf of a sovereign whose own interest is in achieving justice--and explains why the second provides the more …