Prosecutorial Ethics

by
Format: Paperback
Pub. Date: 2005-07-30
Publisher(s): West Group
List Price: $85.05

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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

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