The Race to the Top to Reduce Prosecutorial Misconduct

18 Pages Posted: 10 Sep 2020

Date Written: August 7, 2020

Abstract

This essay offers an unconventional approach to deter prosecutorial misconduct. Trial judges should use their inherent authority to forbid prosecutors from appearing and handling cases in their courtrooms until the prosecutors have completed training on Brady, Batson, and other types of prosecutorial misconduct. If a single trial judge in a medium-sized or large jurisdiction imposes training prerequisites on prosecutors it could set off a race to the top that encourages other judges to adopt similar (or perhaps even more rigorous) training requirements. A mandate that prosecutors receive ethics training before handling any cases is comparable to the enhanced training requirements that some state legislatures impose on indigent defense lawyers. This essay argues that trial judges arguably have the inherent authority to impose a training requirement on prosecutors to ensure the orderly administration of justice.

Keywords: Prosecutorial Misconduct, Brady, Training, Race to the Top, Inherent Authority

Suggested Citation

Gershowitz, Adam M., The Race to the Top to Reduce Prosecutorial Misconduct (August 7, 2020). Fordham Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3669290 or http://dx.doi.org/10.2139/ssrn.3669290

Adam M. Gershowitz (Contact Author)

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States

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