Overloaded Prosecutors

6 Pages Posted: 15 Apr 2019

See all articles by Peter A. Joy

Peter A. Joy

Washington University in St. Louis - School of Law

Kevin C. McMunigal

Case Western Reserve University School of Law

Date Written: June 1, 2018

Abstract

Prosecutors across the United States often are assigned many more cases than they can competently handle. In this paper, we first look at the prevalence of such prosecutorial overloading. We then describe the negative practical consequences such overloading is likely to have on defendants, victims, and the public. Finally, we examine the perverse impact such heavy caseloads are likely to have on prosecutorial ethics, undermining adherence to the many critical ethical obligations we place on prosecutors.

Keywords: ethics, legal ethics, professional responsibility, criminal justice, prosecutor, criminal process

JEL Classification: K10, K14, K19, K40, K41, K49

Suggested Citation

Joy, Peter A. and McMunigal, Kevin C., Overloaded Prosecutors (June 1, 2018). 33 Criminal Justice 31 (Summer 2018); Washington University in St. Louis Legal Studies Research Paper No. 19-03-04. Available at SSRN: https://ssrn.com/abstract=3359801

Peter A. Joy (Contact Author)

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States
313-935-6445 (Phone)

Kevin C. McMunigal

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States
2163683613 (Phone)
2163682086 (Fax)

Register to save articles to
your library

Register

Paper statistics

Downloads
42
Abstract Views
207
PlumX Metrics