Prosecutorial Shaming

49 Pages Posted: 11 Sep 2008  

Adam M. Gershowitz

William & Mary Law School

Date Written: 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.

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

Suggested Citation

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

Adam M. Gershowitz (Contact Author)

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States

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