MOST RECENT PRINT ISSUE
The American mass incarceration crisis and the collateral consequences that flow from it are long standing and well documented,1 but the United States has only lately begun grappling with its international leadership in political penal punitiveness. Going to back to William Stuntz’s groundbreaking discussion of the Pathological Politics of Criminal Law in the United States,2 both the scholarly literature and the popular dialogue surrounding mass incarceration have...
Courts and professional associations have described prosecutors as “ministers of justice.”1 That is what distinguishes prosecutors from other lawyers. For criminal justice to be administered fairly, it is essential for prosecutors to act in conformity with this role. But one might fairly ask, what does it mean to say that prosecutors are “ministers of justice”? Some scholars challenge the utility of the concept or criticize it as being vague to the point of it being...
I am delighted to contribute to this symposium honoring the work of Bennett L. Gershman. Professor Gershman and I have toiled together in the field of prosecutorial ethics for several decades. I have greatly admired his work, and his scholarship over the past years has inspired and informed mine. While we occasionally have disagreed on implementation strategies,1 we share a core commitment to the prosecutor’s mission as a minister of justice to seek the truth and not...
In recent decades, both the media and legal scholars have documented the widespread problem of prosecutors failing to disclose favorable evidence to the defense—so called Brady violations. Despite all of this documentation, many ethical prosecutors reject the notion that the criminal justice system has a Brady problem. These prosecutors—ethical lawyers who themselves have not been accused of misconduct—believe that the scope of the Brady problem is exaggerated.
Prior volumes of the Ohio State Criminal Law Journal can be viewed here.