VIRTUOUS PROSECUTOR IN QUEST OF AN ETHICAL STANDARD GUIDANCE FROM THE ABA (AMERICAN BAR ASSOCIATION)

• NCJ Number: 15812
• Journal: Michigan Law Review Volume: 71 Issue: 6 Dated: (MAY 1973) Pages: 1145-1168
• Author(s): H R UVILLER
• Date Published: 1973
• Length: 24 pages
• Corporate Author: Michigan Law Review Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

EXAMINES ETHICAL PROBLEMS IN SELECTIVE PROSECUTION, PREJUDGMENT OF CREDIBILITY, AND CONFLICT OF INTEREST.

Abstract

IN THE AREAS CRITIQUED, THE AUTHOR CONSIDERS RECENT PROPOSALS BY AN AMERICAN BAR ASSOCIATION COMMITTEE TO BE INADEQUATE. IT IS CONSIDERED THAT A PROSECUTOR SHOULD DISQUALIFY HIMSELF FROM ALL CASES IN WHICH HIS LOYALITIES MAY BE PERCEIVED AS DIVIDED BETWEEN DUTY AND PERSONAL AFFECTION OR ADVANTAGE. IT IS ADVISED REGARDING FACTORS EXTRANEOUS TO THE MERITS OF A PARTICULAR CASE THAT THE PROSECUTOR BE WARY OF THE EFFECT ON HIS JUDGMENT OF PERSONAL PREJUDICE AND THAT HE ENDEAVOR TO DISCERN THE DICTATES OF PUBLIC SENTIMENT. IT IS HELD THAT WHILE THE PROSECUTOR SHOULD NOT REGULARLY PROSECUTE CASES WHERE HE IS NOT CONVINCED THAT THE SPECTRUM OF EVIDENCE POINTS TO GUILT, NOR IN THE FACE OF PERSONAL UNCERTAINTY SHOULD HE REFRAIN FROM SUBMITTING THE EVIDENCE TO THE DIALECTIC OF THE JUDICIAL PROCESS.