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.Gershowitz's call for a "neutral set of third parties" responsible for "publicly identifying prosecutors who commit serious misconduct" sounds like a great idea for a blog if somebody with Westlaw access wanted to undertake it.
Friday, September 12, 2008
A call for prosecutorial shaming
Doc Berman turns us on to a new paper by Prof. Adam Gershowitz at the South Texas College of Law which: