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- Title
TALKING ABOUT PROSECUTORS.
- Authors
Burke, Alafair S.
- Abstract
The article offers information related to the unethical behaviors of a prosecutor. It explores the rhetoric that the wrongful conviction literature invokes to discuss prosecutors. It questions the efficacy of fault-based rhetoric in a world in which prosecutors see wrongful convictions a statistical anomalies, their antagonists as uncommonly bad apples, and themselves as ethical lawyers. According to the author, universal cognitive bias, the prosecutor's competing dual roles and the awkwardness of the Brady doctrine itself provide the roots of a no-fault explanation for prosecutorial failures to disclosed exculpatory evidence.
- Subjects
PROSECUTORIAL misconduct; ATTORNEY discipline; LEGAL ethics; DECISION making in prosecution; PROSECUTION; CRIMINAL procedure; CRIMINAL justice system; CRIMINAL convictions; PROSECUTORS
- Publication
Cardozo Law Review, 2010, Vol 31, Issue 6, p2119
- ISSN
0270-5192
- Publication type
Article