Access to Criminal Justice: Where are the Prosecutors?
3 Texas A&M L. Rev. 515 (2016)
23 Pages Posted: 6 May 2016
Date Written: May 5, 2016
When the organized bar talks about “access to justice,” it tends to look exclusively at civil justice and to emphasize the need for lawyers in civil cases. This overlooks criminal justice and the essential role of lawyers in working to secure it. When the organized bar promotes criminal justice, it is typically circumspect about prosecutors’ responsibility. This essay argues that the bar should take a stronger role in elaborating prosecutorial norms, particularly in the context of miscarriages of justice both on the individual and systemic levels. When people are denied access to criminal justice, the bar should ask, “Where were the prosecutors?”
Keywords: criminal prosecution, prosecutors' ethics, access to justice, criminal justice, criminal justice reform
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