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NCJ Number: 108090 Find in a Library
Title: Ethical Prosecutor's Misconduct
Journal: Criminal Law Bulletin  Volume:23  Issue:6  Dated:(November-December 1987)  Pages:550-567
Author(s): R N Jonakait
Date Published: 1987
Page Count: 18
Format: Article
Language: English
Country: United States of America
Annotation: The primary causes of prosecutorial misconduct are endemic to the system, and only systemic reform, which is necessary to preserve the integrity of the trial process, can curb it.
Abstract: Our criminal justice system does not see prosecutorial misconduct as an important problem. Prosecutors are at least as fair, honorable, and honest as other attorneys. Their misbehavior is seen as merely aberrant conduct, the occasional deviation from the normal prosecutorial path. Once in a while, a prosecutor may become overzealous, or even venal in his pursuit of criminals, but that only occurs once in a while. Since extraordinary forces cause this misconduct, significant reforms of the criminal justice system are not necessary to deal with it. This conclusion rests on a grossly mistaken foundation. Aberrant pressures are not the major cause of prosecutorial misconduct. Instead, the forces that impel it exist in routine cases for ordinary prosecutors. (Author abstract)
Main Term(s): Prosecutors
Index Term(s): Abuse of authority; Criminal justice system reform; Prosecutorial discretion
Note: CG
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