Candor in Criminal Advocacy

22 Pages Posted: 23 Aug 2016  

Bruce A. Green

Fordham University School of Law

Date Written: August 22, 2016

Abstract

This Article, in Monroe Freedman’s memory, examines prosecutors' and criminal defense lawyers' duties of candor to the court, focusing on candor in the narrow sense: i.e., disclosure of relevant information. After looking generally at lawyers' duties of candor, and then specifically at lawyers' duties of candor in criminal cases, the article explores two hard questions of candor to the court in the criminal sentencing context -- one involving a prosecutor's duty and the other involving criminal defense lawyer's duty. The exploration shows the wisdom of Freedman's insight that hard candor questions - and hard ethics questions generally - cannot be resolved based solely on abstract principle but demand engagement with practical complexities.

Suggested Citation

Green, Bruce A., Candor in Criminal Advocacy (August 22, 2016). Hofstra Law Review, Vol. 44, No. 1105, 2016; Fordham Law Legal Studies Research Paper No. 2827704. Available at SSRN: https://ssrn.com/abstract=2827704

Bruce A. Green (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States
212-636-6851 (Phone)
212-636-6899 (Fax)

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