Abstract

http://ssrn.com/abstract=1265738
 


 



Prosecutorial Shaming


Adam M. Gershowitz


William & Mary Law School

September 9, 2008


Abstract:     
This Article explores the unfortunately large number of instances in which appellate courts reverse convictions for serious prosecutorial misconduct but do not identify the names of the prosecutors who committed the misconduct. Because judges are reluctant to publicly shame prosecutors whose cases are reversed, this Article advocates that a neutral set of third parties undertake the responsibility of publicly identifying prosecutors who commit serious misconduct. The naming of prosecutors will shame bad actors, provide a valuable pedagogical lesson for junior prosecutors, and signal to trial judges that certain prosecutors must be monitored more closely to avoid future misconduct.

Number of Pages in PDF File: 49

Keywords: prosecutorial misconduct, prosecutor, shaming, exculpatory evidence, peremptory challenges, death penalty

working papers series


Download This Paper

Date posted: September 11, 2008  

Suggested Citation

Gershowitz, Adam M., Prosecutorial Shaming (September 9, 2008). Available at SSRN: http://ssrn.com/abstract=1265738 or http://dx.doi.org/10.2139/ssrn.1265738

Contact Information

Adam M. Gershowitz (Contact Author)
William & Mary Law School ( email )
South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States
Feedback to SSRN


Paper statistics
Abstract Views: 849
Downloads: 136
Download Rank: 119,592

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.406 seconds