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- Title
THE PROSECUTOR AS MINISTER OF JUSTICE: PREACHING TO THE UNCONVERTED FROM THE POST-CONVICTION PULPIT.
- Authors
Medwed, Daniel S.
- Abstract
This Article explores how the "minister of justice" theory of the American prosecutor has translated into practice in the post-conviction arena. Specifically, this vague theory, when coupled with a dearth of ethical rules and judicial guidance, has not gained traction in the post-conviction sphere, and few concrete principles exist to govern prosecutorial behavior after the conviction of a criminal defendant. This Article argues for a fuller realization of the minister-of-justice ideal for prosecutors in the post-conviction process where the factual innocence of a criminal defendant is in question. To truly effectuate the minister-of-justice goal, prosecutors should take a more active part in rectifying wrongful convictions by considering the formation of internal post-conviction "innocence units" geared toward ferreting out potential wrongful convictions and assisting in presenting them to courts.
- Subjects
JUSTICE; ETHICS; JUSTICE ministers; ACTIONS &; defenses (Law); LEGAL procedure
- Publication
Washington Law Review, 2009, Vol 84, Issue 1, p35
- ISSN
0043-0617
- Publication type
Article