The Use of Unethical and Unconstitutional Practices and Policies by Prosecutors' Offices

38 Pages Posted: 7 Mar 2012

See all articles by Monroe H. Freedman

Monroe H. Freedman

Hofstra University - Maurice A. Deane School of Law

Date Written: February 26, 2012

Abstract

This article deals with three kinds of unethical and unconstitutional practices and policies of prosecutors’ offices: (1) Cases in which a prosecutor, in the heat of a trial, unintentionally acts unethically or unconstitutionally, and the prosecutor’s office then makes that conduct official policy by adopting and seeking to justify the conduct on appeal; (2) Cases in which a “rogue” prosecutor purposefully engages in unethical and/or unconstitutional tactics, like concealing Brady material, and the prosecutor’s office seeks to justify the conduct on appeal; (3) Cases in which a chief prosecutor adopts unethical and/or unconstitutional practices as office policy. In addition, a related issue is discussed – the general failure of disciplinary authorities and courts to take disciplinary or other remedial measures against prosecutors who violate both the rights of criminal defendants and the prosecutors’ own ethical obligations.

Keywords: unethical, unconstitutional, prosecutors

Suggested Citation

Freedman, Monroe H., The Use of Unethical and Unconstitutional Practices and Policies by Prosecutors' Offices (February 26, 2012). Washburn Law Journal, 2012, Hofstra Univ. Legal Studies Research Paper No. 12-06, Available at SSRN: https://ssrn.com/abstract=2017178

Monroe H. Freedman (Contact Author)

Hofstra University - Maurice A. Deane School of Law ( email )

121 Hofstra University
Hempstead, NY 11549
United States

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