The Politics of Ethics
Mercer Law Review, Forthcoming
Loyola Law School, Los Angeles Legal Studies Research Paper No. 2017-44
22 Pages Posted: 12 Nov 2017
Date Written: November 9, 2017
One of the most challenging endeavors in revamping ethical rules is to adopt new rules regarding prosecutorial conduct. Viewing themselves as “ministers of justice,” prosecutors are reluctant to believe that they need additional rules governing their ethical conduct. They are particularly resistant to rules proposed by others, especially defense counsel. Prosecutors tend to view these as an unnecessary intrusion and a threat to prosecutorial independence. However, it is critical that prosecutors and defense counsel resist the temptation to politicize the process of evaluating, adopting and revising ethical rules. The impact of these rules is far too important to be compromised by political interests.
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