Prosecution Attorney Misconduct Case Study
1. From the book, why might a Prosecuting attorney act unethically? Provide a few examples?
In the book prosecutor attorney misconduct takes place is because it works. This utilitarian rationale assumes that the intended good that results (conviction) outweighs the possible negative consequences (misleading the jury, undermining the adversary process, and possible erroneous convictions). An example given in the book is the case Miller v. Pate, where the prosecutor concealed from the jury that the pair of underpants with red stains on it were stained by paint, not blood. Another example is when the prosecutor said in his summation, the defendant and his lawyer “are completely unable to explain away their guilt.”
2. From the book, why might
In the book prosecutor attorney misconduct takes place is because it works. This utilitarian rationale assumes that the intended good that results (conviction) outweighs the possible negative consequences (misleading the jury, undermining the adversary process, and possible erroneous convictions). An example given in the book is the case Miller v. Pate, where the prosecutor concealed from the jury that the pair of underpants with red stains on it were stained by paint, not blood. Another example is when the prosecutor said in his summation, the defendant and his lawyer “are completely unable to explain away their guilt.”
2. From the book, why might