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Prosecuting Martha: Federal Prosecutorial Power And The Need For A Law Of Counts, Michael L. Seigel, Christopher Slobogin
Prosecuting Martha: Federal Prosecutorial Power And The Need For A Law Of Counts, Michael L. Seigel, Christopher Slobogin
UF Law Faculty Publications
Martha Stewart's case illustrates a wide variety of prosecutorial decision-making. We have defended the U.S. Attorney's decision to investigate and prosecute Stewart, but called into question the further decision to charge her with five counts. As a way of curtailing the redundant charging phenomenon, which is widespread, we have suggested that the courts develop a law of counts to cabin prosecutorial charging discretion. Thus, our proposal to create a law of counts would not require prosecutors to act against their short- or long-term interests. Rather, it would be implemented by judges using the interpretive method, without going so far as …
Misuse Of Scientific Evidence By Prosecutors, Bennett L. Gershman
Misuse Of Scientific Evidence By Prosecutors, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The prosecutor's misuse of scientific evidence to charge and convict has not been sufficiently examined. Courts and commentators critiquing abuses of scientific evidence in criminal cases rarely focus on the prosecutor's role in the process. Issues typically discussed are the questionable nature of the evidence, the controversial manner in which the evidence was acquired and tested, whether the expert arrived at her conclusions in a scientifically reliable manner, and whether the expert's courtroom testimony was false or misleading. The prosecutor's control over and manipulation of the scientific evidence to shape the fact-finder's evaluation of the facts and to persuade the …
The Failure Of Local And Federal Prosecutors To Curb Police Brutality, Asit S. Panwala
The Failure Of Local And Federal Prosecutors To Curb Police Brutality, Asit S. Panwala
Fordham Urban Law Journal
Although police departments across the country have attempted to ameliorate the hostility between police officers and the cumminity, through careful screening of applicants, minority recruitment, and community policing, police brutality remains a problem within our urban cities. This Essay will first argue that police brutality is largely ignored. Second, it will examine the obstacles facing local and federal prosecutors in obtaining convictions. Then it will compare the advantages and disadvantages of delegating primary responsibility for these cases to the state versus the federal level. Finally, it will argue that, although there are obstacles and advantages for both local and federal …