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Unpublished Paper
Prosecutorial Shaming
ExpressO (2008)
  • Adam M. Gershowitz, South Texas College of Law
Abstract

This Article explores the unfortunately large number of instances in which appellate courts reverse convictions for serious prosecutorial misconduct but do not identify the names of the prosecutors who committed the misconduct. Because judges are reluctant to publicly shame prosecutors whose cases are reversed, this Article advocates that a neutral set of third parties undertake the responsibility of publicly identifying prosecutors who commit serious misconduct. The naming of prosecutors will shame bad actors, provide a valuable pedagogical lesson for junior prosecutors, and signal to trial judges that certain prosecutors must be monitored more closely to avoid future misconduct.

Disciplines
Publication Date
August 20, 2008
Citation Information
Adam M. Gershowitz. "Prosecutorial Shaming" ExpressO (2008)
Available at: http://works.bepress.com/adam_gershowitz/4/