The Prosecutors I Like: A Very Short Essay
Abbe Smith
Volume 16.2
Undue Influence: A Prosecutor’s Role in Parole Proceedings
R. Michael Cassidy
Volume 16.2
The Challenge of Convincing Ethical Prosecutors That Their Profession Has a Brady Problem
Adam M. Gershowitz
Volume 16.2
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MOST RECENT PRINT ISSUE

Issue 16.2

Spring 2019


Article

Speaking of Prosecutors: Deceptively Descriptive on the Surface with a Heavy Normative Undertow

by Carrie Leonetti

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...

Essay

Bennett Gershman on the Prosecutor’s Role as “Minister of Justice”

by Ellen S. Podgor

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...

Article

Undue Influence: A Prosecutor’s Role in Parole Proceedings

by R. Michael Cassidy

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...

Article

The Challenge of Convincing Ethical Prosecutors That Their Profession Has a Brady Problem

by Adam M. Gershowitz

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.

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