Finding a Happy and Ethical Medium between a Prosecutor Who Believes the Defendant Didn't Do it and the Boss that Says that He Did

Northwestern University Law Review Colloquy, Vol. 103, p. 65, 2008

7 Pages Posted: 31 Aug 2009

See all articles by Melanie D. Wilson

Melanie D. Wilson

Washington and Lee University School of Law

Date Written: August 25, 2008

Abstract

In June of 2008, The New York Times reported on a New York prosecutor’s conflict with his supervisors. The disagreement rested on the prosecutor’s belief that the District Attorney’s Office had wrongly convicted two men of a 1990 shooting. After thoroughly re-investigating the case, the prosecutor made a powerful pitch to his bosses that the men’s convictions “be dropped.” The supervisors disagreed and instructed the prosecutor to proceed with a hearing to oppose setting aside the convictions. The prosecutor complied with the directive but then “deliberately helped the other side win.”

This short thought piece proposes an ethical course of action for front-line prosecutors who disagree with their bosses about the “just” way to handle an issue or case.

Keywords: prosecutor, ethics

JEL Classification: K14

Suggested Citation

Wilson, Melanie D., Finding a Happy and Ethical Medium between a Prosecutor Who Believes the Defendant Didn't Do it and the Boss that Says that He Did (August 25, 2008). Northwestern University Law Review Colloquy, Vol. 103, p. 65, 2008, Available at SSRN: https://ssrn.com/abstract=1463998

Melanie D. Wilson (Contact Author)

Washington and Lee University School of Law

Lexington, VA 24450
United States

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