All Articles tagged prosecutor

• Justice Commentaries
  June 15, 2023 EDT
  THE CONSTITUTIONAL TORT OF SHIELDING CRIMINAL WRONGDOERS IN VIOLATION OF THE EQUAL PROTECTION OF THE LAWS
  John Crain

  This article suggests a new way to view the injury to the crime victim in a discriminatory decision not to prosecute, and a new way to redress that injury.

• General
  January 17, 2020 EDT
  THE SANCTUARY OF PROSECUTORIAL NULLIFICATION
  Zohra Ahmed

  This article examines the role local prosecutors can play to isolate cities and states from the federal immigration enforcement regime.

• New York Appeals
  October 12, 2018 EDT
  THE HON. MICHAEL J. GARCIA: FROM PROSECUTOR TO THE COURT OF APPEALS
  Eric O’Bryan

  This article analyzes the opinions of Judge Garcia during his time on the New York Court of Appeals.

• Justice Commentaries
  July 17, 2018 EDT
  SNAKE OIL WITH A BITE: THE LETHAL VENEER OF SCIENCE AND TEXAS’S DEATH PENALTY
  James R. Acker

  This article examines the several stages of Texas capital prosecutions in which unreliable expert and scientific opinions have contributed to the prosecution and execution of persons accused of committing murder.

• Justice Commentaries
  December 17, 2016 EDT
  THE PROSECUTOR’S DUTY OF SILENCE
  Bennett Gershman

  This article demonstrates that regulation of prosecutor speech is piecemeal and inconsistent.

• Justice Commentaries
  December 08, 2016 EDT
  RECANTATIONS AND THE PERJURY SWORD
  Russell D. Covey

  This essay sets forth the argument for reforming our approach to recantation evidence.

• Justice Commentaries
  October 16, 2014 EDT
  PROSECUTORIAL MISCONDUCT IN THE DIGITAL AGE
  John G. Browning

  As this article demonstrates, prosecutorial misconduct arising out of the use of technology poses a particular concern thanks to the ease of use and inexorable spread of new communication platforms.

• Justice Commentaries
  October 16, 2014 EDT
  SUSTAINABILITY OF INNOCENCE REFORM
  Marvin ZalmanJulia Carrano

  This article examines the innocence movement from a broad policy approach in order to assess the prospect of effecting meaningful criminal justice reforms.

• Justice Commentaries
  June 11, 2013 EDT
  THE DOUBLE JEOPARDY CLAUSE, NEWLY DISCOVERED EVIDENCE, AND AN “UNOFFICIAL” EXCEPTION TO DOUBLE JEOPARDY: A COMPARATIVE INTERNATIONAL PERSPECTIVE
  Steven V. DeBraccio

  In the absence of an express statute or constitutional provision permitting re-trials for acquitted defendants, could prosecutors use perjury prosecutions and subsequent civil and forfeiture proceedings used against defendants?

• Justice Commentaries
  May 05, 2012 EDT
  UNEVEN REPARATIONS FOR WRONGFUL CONVICTIONS:EXAMINING THE STATE POLITICS OF STATUTORY COMPENSATION LEGISLATION
  Michael Leo OwensElizabeth Griffiths

  In this article the authors argue that absolute immunity protects both the honest and the dishonest prosecutor.

• Justice Commentaries
  May 05, 2012 EDT
  LEGAL AND SOCIAL EXONERATION: THE CONSEQUENCES OF MICHAEL TONEY‘S WRONGFUL CONVICTION
  Elizabeth S. VartkessianJared P. Tyler

  This article expands on the growing area of research into exonerees as victims of state harm by providing a case study of statements by public officials after exonerations.

• General
  January 08, 2009 EDT
  COGITATIONS CONCERNING THE SPECIAL PROSECUTOR PARADIGM: IS THE CURE WORSE THAN THE DISEASE?
  Joseph W. Bellacosa

  Reflection on the State-appointed New York City Special Prosecutor who was charged with investigating corruption in the criminal justice system.