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October 27, 2020

"Should Criminal Justice Reformers Care About Prosecutorial Ethics Rules?"

A helpful reader made sure I did not miss this recent article with the title that I used for this post.  This piece is available on SSRN, was authored by Bruce Green and Ellen Yaroshefsky, and here is its abstract:

Criminal justice reform groups typically explore multiple avenues for improving the law and legal processes.  Among the campaigns are calls for more demanding laws governing prosecutors’ conduct and more effective oversight and enforcement of prosecutors’ compliance with their legal obligations.  Yet little advocacy is directed toward ethics rules governing prosecutors and encouraging courts and disciplinary bodies to adopt, interpret, and enforce professional conduct rules so as to demand more of them.  This article considers the reasons for such limited focus upon ethics rules and suggests the ways in which current rules regarding prosecutors' disclosure obligations and post-conviction ones can be effective avenues to enhance prosecutorial practices.

October 27, 2020 at 04:58 PM | Permalink


Defense attorney.

This is a careful article with intelligent measured judgments. But I want to make sure readers of the summary don’t stop with caring about “The Rules” but also about the systemic conditions and influences that motivate deviations (“just this once”, or “only by a little”) that then become normalized and instigate a predictable process of practical drift, normalizing of deviance, etc......

Posted by: James Doyle | Oct 27, 2020 9:54:44 PM

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