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Why Punishing Bad Prosecutors Won’t Fix a Bad System
Loaded on Jan. 15, 2022
by James Doyle
published in Criminal Legal News
February, 2022, page 18
Filed under:
Criminal justice system reform,
Prosecutorial Misconduct.
Location:
United States of America.
by James M. Doyle, The Crime Report
After 50 years of representing indigent defendants in urban criminal courts I have no objection to seeing prosecutors disciplined for their misconduct.
As a matter of fact, I find the prospect delectable.
But during those same 50 years I have represented a few (thousand) ...
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More from this issue:
- A Closer Look at Sex Offender Registries, by Casey Bastian
- Eighth Circuit Reiterates Statute of Conviction Determines Eligibility for Sentence Reduction Under First Step Act, Not Actual Conduct, by Dale Chappell
- Why Punishing Bad Prosecutors Won’t Fix a Bad System, by James Doyle
- California Supreme Court Announces Standard of Review and Required Showing for Prejudicial Error Under § 1473.7 to Vacate Plea Due to Lack of Understanding of Immigration Consequences, by David Reutter
- Idaho Supreme Court Announces Whether a Container Is Located Inside or Outside Vehicle When Probable Cause Arises Determines if Container May Be Searched Under Automobile Exception, Joining Conclusion of Several Other States, by Anthony Accurso
- Texas Court of Criminal Appeals: Police Deception That Statements Wouldn’t Be Used Against Defendant Requires Suppression, by Anthony Accurso
- Sixth Circuit Vacates Sentence for Impermissible Triple-Counting of Guidelines Enhancements for Ungrouped Offenses, by Dale Chappell
- SCOTUS Reverses Tenth Circuit’s Denial of Qualified Immunity for Fatal Police Shooting, by Douglas Ankney
- New Jersey Directive Provides Relief for Certain Drug Offenders, by Casey Bastian
- California Court of Appeal: Trial Court Required to Provide Notice and Consider Information Provided by Parties Before Ruling on CDCR Recommendation to Recall Sentence Pursuant to § 1170(d)(1), by Douglas Ankney
- Seventh Circuit Announces Standard of Review for Bond Revocation of Defendant on Pretrial Release, by Douglas Ankney
- Kansas Supreme Court: Counsel Ineffective for Failing to Request ‘Voluntary Act’ Jury Instruction in Trial for Rape of Child Younger Than 14 Where Defendant Argued She Was Forcibly Raped by Purported ‘Victim’, by Douglas Ankney
- Sixth Circuit Announces District Court Has Power to Waive Interest on Restitution Post-Sentencing, Resulting in Circuit Split, by Dale Chappell
- Third Circuit Rules Pennsylvania Courts’ Application of Federal Law Objectively Unreasonable, Overturns Conviction and Death Sentence, Grants Habeas Relief, by Dale Chappell
- Idaho Supreme Court Declares Clarke Merely Memorialized Constitutional Principle That Warrantless Arrest for Misdemeanor Completed Outside Officer’s Presence Violates State Constitution and Applies to Cases Prior to Clarke, by Douglas Ankney
- Second Circuit Announces Defendant Need Only Produce ‘Some Credible’ Evidence for Jury Instruction on Entrapment Defense, Clarifying It’s a Burden of Production, Not Persuasion, by Douglas Ankney
- Snitch Visas: A Pipe Dream, by David Reutter
- New Digital Warrants Undermine Fourth Amendment, by Anthony Accurso
- California Court of Appeal Announces Trial Courts Have Authority to Deny Request for Continuance of Motion to Suppress for Failure to Show ‘Good Cause’ Even if it Results in Dismissal, Rejecting Ferrer, by Douglas Ankney
- FBI Gives Green Light for Use of Rapid DNA Solution in Booking Stations, by Douglas Ankney
- Tenth Circuit Rules Impounding Car Following Arrest on Outstanding Warrant Was Pretextual, Suppresses Evidence Discovered, Reverses Convictions, by Anthony Accurso
- Pushback on Police Lying to Obtain False Confessions, by Jayson Hawkins
- Pennsylvania Supreme Court Announces Driver Who Leaves Scene of Accident Subject to Only One Hit-and-Run Violation, Regardless of How Many Victims, by Douglas Ankney
- Civil Forfeiture Under Fire in Massachusetts, by Jayson Hawkins
- Why Won’t the State of Missouri Release Innocent Men From Prison?, by Casey Bastian
- ShotSpotter Acoustic Detection System Another Example of a Forensic Tool Shrouded in Secrecy and Prone to Questionable Results, by Casey Bastian
- Oregon Bill Makes it More Difficult to Hide Police Misconduct, by Jacob Barrett
- New Study Reveals Digital Forensic Examiners Inclined to Biasability, by Casey Bastian
- Some Cities Taking Holistic Approach to Public Safety, by Casey Bastian
- Criminal Justice Legislation Signed by North Carolina Governor, by Ashleigh Dye
- Government Keyword Searches Revealed, by Jayson Hawkins
- Who You Gonna Call When You Don’t Want the Cops? There’s a Website for That, by Casey Bastian
- D.C. Circuit: Government Breached Plea Agreement by Violating Ambiguous Terms, Ambiguities Resolved in Favor of Defendants, Sentence Vacated, by David Reutter
- Eleventh Circuit: Georgia Aggravated Assault with a Deadly Weapon Only Requires Mens Rea of Recklessness Thus Not a ‘Violent Felony’ Under ACCA, by Dale Chappell
- News in Brief
- Minnesota Police Hand Out ‘Not-Reaching’ Pouches to Reduce Police Shoot-ings of Motorists, by Dale Chappell
More from James Doyle:
More from these topics:
- Minnesota Judge Spanked For Ignoring Law Restoring Felon Voting Rights, Dec. 15, 2024. Different Judge, Prosecutorial Misconduct, Voting Rights, Comments by Judge.
- PPI Releases 10th Anniversary Report on Mass Incarceration in the U.S., Nov. 15, 2024. Prison Reform, Criminal justice system reform, Effects of Mass Incarceration.
- Nailing Down “Top Cop” Kamala Harris on Criminal Justice Reform, Oct. 15, 2024. Criminal justice system reform.
- Study Finds That Black Americans Want Both Police Presence and Reform: Looking Beyond the Headlines, Oct. 1, 2024. Criminal justice system reform, Police, Racial Profiling.
- Bruce Johnson 1950–2024, Sept. 15, 2024. Editorials, Criminal justice system reform, Attorneys.
- Massachusetts Prison Closure Reflects Success of Criminal Justice Reforms, Aug. 15, 2024. Criminal justice system reform, Rural Prisons.
- BOP Hires Sentencing Reform Advocate, July 1, 2024. Criminal justice system reform, Bureau of Prisons (BOP).
- Virginia Legislature Tables “Second-Look” Bills, July 1, 2024. Criminal justice system reform, Good Time.
- Landmark Drug Possession Reform Based on Unproven Allegations Reversed in Oregon, June 15, 2024. Criminal justice system reform, War on Drugs, State Law Claims.
- Sentencing Project Proposes Remedies for Racial Disparities Behind Bars, May 1, 2024. Racial Discrimination, Criminal justice system reform, Criminal Prosecution.
