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Criminal Law

: Law Of Criminal Defense

". . . that justice shall be done"

By John Wesley Hall, Jr.

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On the website of the Law Society of Upper Canada is this piece I stumbled upon: Justice Gary Trotter, Integrity and Honour in Criminal Litigation: Hollow Aspirations or Enforceable Standards? Compare Berger v. United States, 295 U.S. 78, 88 (1935) (reaffirmed in Kyles v. Whitley, 514 U.S. 419, 439 (1995), and Strickler v. Greene, 527 U.S. 263, 281 (1999)): The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done.

Full post as published by Law Of Criminal Defense on January 13, 2009 (boomark / email).

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