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October 2013 Archives

Misbehaving Prosecutors Get Privilege of Anonymity

We're pretty lucky in the Detroit Federal Prosecutor's Office to have very honest prosecutors who rarely if ever take "cheap shots" just to "win at all costs," largely because the leadership of that office has been above reproach and that's the kind of assistant United States Attorneys they hire.  Sadly, the same cannot be said for many other federal districts and state prosecutors' offices, many of which I have practiced in across the country.  In those rare instances that federal appeals judges actually do take one or another federal prosecutor to task for unethical or improper conduct, they rarely, if ever, name the offending prosecutor - talk about an Old Boys (and Girls) Club. Defense attorneys, on the other hand, are routinely named in appeal opinions whenever they have done anything unethical, or even just provided a poor defense by failing to make a certain objection or introduce a piece of important evidence.  - James W. Burdick

Too Big to Go To Jail

On July 17, 2013, The Association of Prosecuting Attorneys, the Brennan Center for Justice at New York University School of Law, the Foundation for Criminal Justice, the National Association of Criminal Defense Lawyers, the Center for NuLeadership on Urban Solutions, and the New York County Lawyers' Association released Criminal Justice in the 21st Century: Eliminating Racial and Ethnic Disparities in the Criminal Justice System, a critically important and inclusive examination of the profound racial and ethnic disparities in America's criminal justice system, and concrete ways to overcome them.

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