Download this Paper Open PDF in Browser

The Prosecutor's Duty to Truth

46 Pages Posted: 25 Sep 2001  

Bennett L. Gershman

Pace University - School of Law

Abstract

Curiously, despite extensive documentation of erroneous convictions, widespread prosecutorial abuses that contribute to wrongful convictions, and a plethora of academic literature on the ethical responsibilities of prosecutor, there has been little discussion of the prosecutor's legal and ethical duty to truth. As I hope to demonstrate, the prosecutor has a legal and ethical duty to promote truth and to refrain from conduct that impedes truth. The courts have explicitly recognized the existence of this duty, and have implicitly recognized this duty by reversing convictions when a prosecutor engages in conduct that undermines the search for truth.

Keywords: prosecutors

Suggested Citation

Gershman, Bennett L., The Prosecutor's Duty to Truth. Georgetown Journal of Legal Ethics, Vol. 14, No. 2, Winter 2001. Available at SSRN: https://ssrn.com/abstract=281833

Bennett L. Gershman (Contact Author)

Pace University - School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States
914-422-4255 (Phone)
914-422-4168 (Fax)

Paper statistics

Downloads
288
Rank
87,642
Abstract Views
2,649