Are Prosecutorial Ethics Standards Different?

21 Pages Posted: 27 Jul 2020

See all articles by Kevin C. McMunigal

Kevin C. McMunigal

Case Western Reserve University School of Law

Date Written: 2000

Abstract

Once a prosecutor determines to employ an expert, a number of distinct decisions must be confronted-from choosing the expert, to complying with discovery obligations, to presenting the testimony at trial. Part I of this essay considers the selection of experts. Although improper selection of experts can be viewed as merely another aspect of presenting misleading testimony, we treat it separately in this essay because the literature typically ignores it. Part 1I examines the pretrial disclosure of scientific evidence. The issues that have arisen in this context include late disclosure, omitting information from laboratory reports, declining to have a report prepared, and failing to disclose exculpatory evidence. Part III explores a number of ways in which prosecutors have presented expert testimony in a misleading manner. What practices should be considered "misleading" is far from obvious. In Part IV, we take a broader view and consider reforms that have relevance across a range of issues.

Keywords: Prosecutor

Suggested Citation

McMunigal, Kevin C., Are Prosecutorial Ethics Standards Different? (2000). Case Legal Studies Research Paper No. 2000, 68 Fordham Law Review 1453 (2000), Available at SSRN: https://ssrn.com/abstract=3657553

Kevin C. McMunigal (Contact Author)

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States
2163683613 (Phone)
2163682086 (Fax)

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
26
Abstract Views
144
PlumX Metrics