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Prosecutorial Misconduct: Taking the Justice Out of Criminal Justice by Christopher Zoukis Prosecutorial Misconduct: Taking the Justice Out of Criminal Justice by Christopher Zoukis The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous.... While the prosecutor at his best …
Article • November 8, 2014 • from PLN November, 2014
Death Sentences Reversed Due to Prosecutorial Misconduct by Christopher Zoukis Death Sentences Reversed Due to Prosecutorial Misconduct by Christopher Zoukis Death sentences imposed on prisoners in Arizona, Virginia and Tennessee have been reversed by federal appellate courts as a result of misconduct by prosecutors – including withholding evidence and making …
Article • November 8, 2014 • from PLN November, 2014
Prosecutors Breaking Bad by Prosecutors Breaking Bad The following are various cases in which prosecutors have reportedly engaged in misconduct, ethical violations or criminal behavior, which evidence the need for effective solutions to the persistent problem of prosecutorial abuses. California In 2012, the California Supreme Court overturned the death sentence …
Brief • September 22, 2014
Filed under: Prosecutors, False Arrest
Marshall v. New York, NY, Order Granting Late Notice of Claim (2014) Page 1 of 44 21315/2013 DecisLon Decision and endorder order dtd dtd 922/14 9122/14 At a Special SpecialTerm TermPart Part2222ofofthethe Supreme Court Supreme Courtofofthe theState StateofofNew New York, held of of York, heldininand andfor forthe theCounty County Kings, …
Article • September 20, 2014 • from PLN September, 2014
First Circuit Dismisses Appeal of Court’s Failure to Sanction Federal Prosecutor by Matthew Clarke First Circuit Dismisses Appeal of Court’s Failure to Sanction Federal Prosecutor by Matt Clarke On July 22, 2013, the First Circuit Court of Appeals dismissed an appeal by the Massachusetts Bar Counsel challenging the failure of …
Article • January 15, 2014 • from PLN January, 2014
Oregon: Jury Trials Required When Prosecutors Treat Misdemeanors as Violations by The Oregon Court of Appeals held on September 26, 2012 that criminal defendants are entitled to jury trials and reasonable doubt determinations when misdemeanors are reduced to violations – a ruling that was subsequently affirmed by the state Supreme …
Article • November 15, 2013 • from PLN November, 2013
U.S. Department of Justice Reports Statistics on State Prosecutors by Matthew Clarke by Matt Clarke The Bureau of Justice Statistics (BJS) of the U.S. Department of Justice has released the most recent in a series of statistical reports on state prosecutors. The report covers 2,330 prosecutors’ offices serving judicial districts …
Article • November 15, 2013 • from PLN November, 2013
Best Criminal Defense Pleading Ever! by Alex Friedmann PLN primarily reports on civil litigation involving prisons and jails rather than criminal cases. There are other resources that address criminal law; for example, Punch & Jurists (www.fedcrimlaw.com), which covers issues related to federal criminal cases. However, when we ran across a …
Federal Justice Grants Favor Prosecution, Law Enforcement Over Indigent Defense by A report by the Government Accountability Office (GAO) has confirmed what many criminal defendants too poor to afford an attorney have long suspected: While hundreds of millions in federal tax dollars go to support prosecutors, law enforcement and prisons …
California State Bar Recommends District Attorney’s Disbarment by Christopher Zoukis The State Bar of California has recommended the disbarment of Del Norte County District Attorney Jon Michael Alexander, 64, who was deemed “not eligible to practice law” until the California Supreme Court makes a final decision in his case. In …
Article • April 15, 2013 • from PLN April, 2013
Time for Sentencing Reform by George Gascón From the Capitol to the courtrooms, prosecutors can chart a new path on public safety by championing at both local and state levels one of the biggest ways we can transform our justice system in this generation – sentencing reform. Right now, the …
Publication • 2012
Filed under: Prosecutors
Fordham University School of Law, Prosecutors and Professional Regulation, 2012 Fordham University School of Law November 2012 Prosecutors and Professional Regulation By BRUCE A. GREEN LOUIS STEIN PROFESSOR OF LAW AND DIRECTOR, LOUIS STEIN CENTER FOR LAW AND ETHICS 25 Georgetown Journal of Law and Ethics 873 (2012) This paper …
Ninth Circuit Holds Phoenix New Times Executives May Sue Special Prosecutor over Improper Arrests; Prosecutor Disbarred by Matthew Clarke by Matt Clarke On June 9, 2011, the Ninth Circuit Court of Appeals held that executives with the Phoenix New Times, an alternative weekly publication, could sue a special prosecutor who …
Oregon’s Attorney General Accused of Botched, Abusive Prosecutions by Mark Wilson As previously reported in PLN, the Oregon Department of Justice (ODOJ) recently turned its prosecutorial power against a hotshot small-town district attorney. [See: PLN, Oct. 2011, p.39]. By the time it was over the DA had resigned, but the …
Article • April 15, 2011
Ex-Prosecutor Wins Award in Wrongful Termination Suit by On January 25, 2010, an ex-deputy prosecuting attorney for Pierce County, Washington, Barbara Corey, won her appeal and was awarded in excess of $2 million in a lawsuit she filed against the County following her forced resignation. Ms. Corey’s complaint accused the …
In Support of Ending Prosecutorial Misconduct by Jimmy Franks The Justice Project recently published its policy review concerning prosecutorial accountability in our nation’s criminal justice system. Entitled, Improving Prosecutorial Accountability, the report was prepared by the president of The Justice Project, John F. Terzano, Esq., along with Executive Director Joyce …
$2.1 Million Awarded in New York Unjust Conviction Claim by On March 16, 2009, a New York Court of Claims awarded $2,093,420 in damages to a man who was wrongfully convicted of sexually assaulting his 4-year-old child. He had spent more than two years in a maximum-security prison. During “an …
Article • July 15, 2009
Only Prosecutor from County Where Sex Offender was Convicted May Seek Civil Commitment by Only prosecuting attorneys in the county where a defendant was convicted of a sexually violent crime may petition to have an offender civilly committed, the Supreme Court of the State of Washington held May 1, 2008. …
Article • June 15, 2009 • from PLN June, 2009
Jury Nullification: Power To The People by Paul Butler Jury nullification is power to the people. It’s a constitutional doctrine that allows juries to acquit defendants who are technically guilty, but who don’t deserve punishment. Does this sound like anyone you know? As a former prosecutor, I think it sounds …
California DA Says Incarceration Rate a Measure of His Success – Despite Wrongful Convictions, Prosecutorial Misconduct by Gary Hunter California DA Says Incarceration Rate a Measure of His Success – Despite Wrongful Convictions, Prosecutorial Misconduct by Gary Hunter Ed Jagels, District Attorney for Kern County, California, is concerned that his …
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