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Ethical Analysis of the Release-Dismissal Agreement

NCJ Number
154797
Journal
Notre Dame Journal of Law, Ethics, and Public Policy Volume: 7 Issue: 1 Dated: (1993) Pages: 331-363
Author(s)
E P Bartholomy
Date Published
1993
Length
33 pages
Annotation
Release-dismissal agreements allow prosecutors to strike bargains with criminal defendants, so that both parties can cut their losses in a mutually bad situation. This type of agreement is used particularly in cases where a defendant is wronged by public officials in the course of an arrest, and criminal charges are dropped in exchange for an agreement in which the defendant releases any civil claims arising from the arrest.
Abstract
This article examines cases in which release-dismissal agreements appear and the U.S. Supreme Court rulings which currently allows their existence. The author argues that such agreements are unethical and should be prohibited by the individual State ethics organizations governing the practice of law. The article presents specific factual situations involving release- dismissal agreements, outlines the historical legal treatment of these agreements, considers legal ethics and professional responsibility, and concludes that the established norms of the legal profession prevent the use of such agreements. 178 notes

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