Prosecutorial Ethics

by Cassidy, R. Michael

• ISBN13: 9780314150264
• ISBN10: 0314150269
• Format: Paperback
• Copyright: 2005-07-30
• Publisher: West Group

Summary

This guidebook examines a prosecutor?s ethical responsibilities when faced with adverse situations in criminal cases. It pays substantial attention to determining the proper role of a prosecutor and discusses ethical and constitutional constraints on prosecutorial discretion at each stage of the criminal justice process. Topics in this reference include contacting and interviewing witnesses, grand jury practice, determining charges, pre-trial discovery, plea bargaining, jury selection, trial conduct and publicity. The latest version of the American Bar Association?s Model Rules (through 2004) also is highlighted throughout the book, drawing frequent comparisons to significant state variations of the model rules.

Table of Contents

Who Is Your Client?	1	(12)
Problems	11	(2)
The Charging Decision	13	(13)
Problems	24	(2)
The Prosecutor and the Grand Jury	26	(22)
Abuse of Hearsay Evidence	29	(2)
Fifth Amendment Rights of Witnesses	31	(2)
Grand Jury Subpoenas	33	(1)
Subpoenas to Attorneys	34	(3)
Exculpatory Evidence	37	(4)
Grand Jury Secrecy	41	(3)
``Off-the-Record'' Comments by Prosecutor	44	(4)
Problems	46	(2)
Contacting and Interviewing Witnesses	48	(17)
Communicating with Unrepresented Persons	51	(2)
Communicating with Represented Persons: The ``No--Contact'' Rule	53	(12)
Represented Parties	55	(2)
Represented Persons	57	(5)
Problems	62	(3)
Providing Timely Discovery to the Accused	65	(16)
Problems	78	(3)
Plea Bargaining	81	(13)
Due Process Limitations	83	(5)
Ethical Considerations	88	(6)
Problems	91	(3)
Trial Conduct	94	(21)
Selecting and Communicating with the Jury	95	(1)
Opening Statements	96	(1)
Examination of Witnesses	97	(4)
Closing Argument	101	(6)
Demeanor in the Courtroom	107	(1)
Relations with the Court	108	(1)
Relations with Defense Counsel	108	(7)
Problems	112	(3)
The Prosecutor and the Press	115	(14)
Problems	127	(2)
Appendix A. American Bar Association Model Rules of Professional Responsibility	129	(21)
Appendix B. ABA Standards for Criminal Justice: Prosecution Function (3rd ed. 1992)	150	(21)
Index	171