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murder case
Prosecutorial misconduct
• Ineffective assistance by criminal defense counsel
• Judicial misconduct

• What did the prosecutor do wrong? How does immunity protect the prosecutor from the consequences of his or her misconduct?

• What did the criminal defense attorney do wrong? What is the Strickland v. Washington standard? Refer to Ch. 10 of Courts and Criminal Justice in America. How do the performance prong and the prejudice prong of the Strickland standard apply to the example?

• What did the judge do wrong? Which judicial selection option—either appointment, election, or merit—would help to reduce instances of judicial misconduct?

• How does the misconduct or ineffectiveness of these courtroom participants reflect or thwart the crime control model of criminal justice? How does the misconduct or ineffectiveness of these courtroom participants reflect or thwart the due process model of criminal justice?
Prosecutorial misconduct
• Ineffective assistance by criminal defense counsel
• Judicial misconduct

• What did the prosecutor do wrong? How does immunity protect the prosecutor from the consequences of his or her misconduct?

• What did the criminal defense attorney do wrong? What is the Strickland v. Washington standard? Refer to Ch. 10 of Courts and Criminal Justice in America. How do the performance prong and the prejudice prong of the Strickland standard apply to the example?

• What did the judge do wrong? Which judicial selection option—either appointment, election, or merit—would help to reduce instances of judicial misconduct?

• How does the misconduct or ineffectiveness of these courtroom participants reflect or thwart the crime control model of criminal justice? How does the misconduct or ineffectiveness of these courtroom participants reflect or thwart the due process model of criminal justice?
Prosecutorial misconduct
• Ineffective assistance by criminal defense counsel
• Judicial misconduct

• What

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    Herman, 589 F.2d 1191, 1204 (3d Cir. 1978), cert. denied, 441 U.S. 913 (1979); accord Virgin Islands v. Smith, 615 F.2d 964, 968-69 (3d Cir. 1980) (prosecutor with exclusive jurisdiction over juvenile witness whom defendant wanted to call would have granted use immunity as long as the U.S. Attorney agreed; wrong for U.S. Attorney to withhold agreement); see also People v. Shapiro, 50 N.Y.2d 747, 762, 409 N.E.2d 897, 904, 431 N.Y.S.2d 422, 429 (1980) (error for prosecution to withhold immunity from defense witnesses who asserted fifth amendment only after prosecution threatened to prosecute them for perjury if they testified). Other courts have suggested the same result in dictum or have been reversed for ordering the prosecution to choose between granting use immunity and another sanction. See Earl v. United States, 361 F.2d 531, 534 n.1 (D.C. Cir. 1966) (suggesting prosecution cannot grant transactional immunity to its witnesses and refuse the same protection for defense witnesses), cert. denied, 388 U.S. 921 (1967); United States v. De Palma, 476 F. Supp. 775, 781 (S.D.N.Y. 1979) (prosecution's broad grant of immunity for its witness and limited grant for defendant's witness resulted in unfair trial, therefore new trial ordered), rev'don othergroundssub nom. United States v. Horwitz, 622 F.2d 1101, 1105-06 (2d Cir. 1980) (conceding it lacked authority to…

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