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Contingent Rewards For Prosecutors?, Peter A. Joy, Kevin C. Mcmunigal Jan 2011

Contingent Rewards For Prosecutors?, Peter A. Joy, Kevin C. Mcmunigal

Faculty Publications

This column explores whether contingent reward plans for prosecutors are ethical. After weighing arguments in favor and against such plans, the column concludes that rewards for prosecutors contingent on trial convictions are unsound.


Prosecutors, Ethics, And Expert Witnesses, Paul C. Giannelli, Kevin C. Mcmunigal Jan 2007

Prosecutors, Ethics, And Expert Witnesses, Paul C. Giannelli, Kevin C. Mcmunigal

Faculty Publications

Commentators who have examined the DNA exonerations have noted the disturbing role that prosecutors have played in these wrongful convictions. Another significant contributor to these miscarriages of justice is the misuse of expert testimony, a third of the cases according to some sources. This Article examines the intersection of these two factors - the prosecutor's role in using and presenting expert testimony.

Prosecutorial misconduct may occur during most stages of a trial, beginning with the selection of witnesses, including the improper "shopping" for experts. Additional abuses occur when prosecutors fail to abide by rules governing the pretrial disclosure of scientific …


Closing The Gap: Interpreting Federal Rule Of Evidence 408 To Exclude Evidence Of Offers And Statements Made By Prosecutors During Plea Negotiations, Mark T. Pavkov Jan 2007

Closing The Gap: Interpreting Federal Rule Of Evidence 408 To Exclude Evidence Of Offers And Statements Made By Prosecutors During Plea Negotiations, Mark T. Pavkov

Case Western Reserve Law Review

No abstract provided.


Guilty Pleas, Brady Disclosure, And Wrongful Convictions, Kevin C. Mcmunigal Jan 2007

Guilty Pleas, Brady Disclosure, And Wrongful Convictions, Kevin C. Mcmunigal

Faculty Publications

The purpose of this article is to explore a connection between prosecutorial failures to disclose Brady material and wrongful convictions in the context of guilty pleas, the primary procedural vehicle our criminal justice system uses for securing criminal convictions.


Prosecutors And Corrupt Science, Kevin C. Mcmunigal Jan 2007

Prosecutors And Corrupt Science, Kevin C. Mcmunigal

Faculty Publications

No abstract provided.


Criminal Procedure - Grand Jury - Constitutional Law - Equal Protection - Due Process - Prosecutor's Duty To Expose Exculpatory Evidence To The Grand Jury Johnson V. Superious Court, 15 Cal. 3d 248, 539 P.2d 792, 124 Cal. Rptr. 32 (1975)., James A. Clark Jan 1977

Criminal Procedure - Grand Jury - Constitutional Law - Equal Protection - Due Process - Prosecutor's Duty To Expose Exculpatory Evidence To The Grand Jury Johnson V. Superious Court, 15 Cal. 3d 248, 539 P.2d 792, 124 Cal. Rptr. 32 (1975)., James A. Clark

Case Western Reserve Law Review

No abstract provided.