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Full-Text Articles in Law
“Whites Only Tree,” Hanging Nooses, No Crime?: Limiting The Prosecutorial Veto For Hate Crimes In Louisiana And Across America, Tamara F. Lawson
“Whites Only Tree,” Hanging Nooses, No Crime?: Limiting The Prosecutorial Veto For Hate Crimes In Louisiana And Across America, Tamara F. Lawson
Articles
News coverage of three nooses hanging from the "whites only tree" at Jena High School, in Jena, Louisiana, created public outcry. Criticism rose as the public learned that District Attorney Reed Walters exercised his prosecutorial discretion to decline to press charges against the white students that admitted hanging the nooses, yet over zealously charged black students with attempted murder for conduct normally considered a battery or a school-yard-fight. The apparent lack of equity in the exercise of prosecutorial discretion became the focus of heated debate. Although the Jena High School incidents occurred in 2006, the Jena story is unpleasantly reminiscent …
The Legal Profession's Failure To Discipline Unethical Prosecutors, Angela J. Davis
The Legal Profession's Failure To Discipline Unethical Prosecutors, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
This article explores the legal profession's failure to hold prosecutors accountable for misconduct and other ethical violations. Part I introduces the piece, providing several examples of prosecutorial power and abuse in the criminal justice system. Part II discusses prosecutorial misconduct and the inadequacy of current legal remedies. Part III argues that the Model Rules of Professional Responsibility have not provided adequate guidance to prosecutors, and that the disciplinary process has not been effective in disciplining prosecutors when they have abused their power and discretion. Part IV contends that the disbarment of Mike Nifong – the prosecutor in the Duke lacrosse …