Alternatives To Prosecution Essay

Alternatives To Prosecution Essay-55
Prosecutors have enormous power and the resources to back it up, while indigent defendants lack the most basic resources and have only beleaguered public defenders to back them up.2 It’s hardly a fair fight: prosecutors at the helm...Commentary Knowledge and Belief as Criminal Law Mental States by Kevin Cole Given how often they appear in criminal statutes, the mental states of “knowledge” and “belief” are surprisingly undertheorized.

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Medwed Witness preparation is a staple of good trial practice for prosecutors.

A single ineffective or unprepared witness might imperil an otherwise airtight case.

Article The Politicization of Prosecutors: A Tribute to the Work of Bennett Gershman by Laurie L. For decades, Professor Bennett Gershman has sent a strong and consistent message that politics and prosecutors do not mix. Recent events have demonstrated the acute danger of prosecutors becoming immersed in the political world. Essay Disciplinary Regulation of Prosecutorial Discretion: What Would a Rule Look Like? Levine This Essay is the third part of a larger project exploring the possibility that disciplinary review of prosecutors’ charging decisions—through both expansive judicial interpretation of current ethics rules and judicial enactment and enforcement of more extensive ethics rules—might serve as a viable and effective mechanism for meaningful regulation and supervision of prosecutorial discretion.

In fact, the Trump administration’s call to a recused Attorney General to shut down the investigation of...

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.The longer I practice law—more than three decades now—the more it is so.Maybe this is inevitable for a career indigent defense lawyer; a certain bitterness might come with the territory.Scholars have debated whether knowledge is invariably a more culpable mental state than recklessness.1 The drafters of the Model Penal Code (“MPC”) agonized over whether knowing facilitation of another’s crime should suffice for accomplice liability before ultimately requiring a true purpose. Review 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, 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, both the scholarly literature and the popular dialogue surrounding mass incarceration have... Bolton is Senior Vice President of the American Enterprise Institute.He served as an Assistant Secretary of State in the Bush Administration and as an Assistant Attorney General in the Reagan Administration.The crimes are simply brought to our attention more rapidly these days, by the media and by what Aryeh Neier calls the "international human rights movement," which has an ambitious agenda for handling such crimes.It is this agenda that emerges most clearly from Neier's War Crimes, and not the now-familiar narrative of atrocities he presents to support it.Describing the matter to The New York Times, Professor Diane F.Orentlicher -- one of Neier's cohorts -- said triumphantly that "crimes against humanity transcend the concerns of the countries where the abuses are committed.

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