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Criminal Law

: Sentencing Law and Policy

Should we blame bad apples or a bad culture for federal prosecutors gone wild?

By Douglas A. Berman

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In the wake of Judge Emmet Sullivan's strong rebuke of federal prosecutors when setting aside the conviction of former Senator Ted Stevens (basics here), the media are starting to talk more broadly about misconduct by federal prosecutors. For example, the Wall Street Journal has this piece, headlined "Justice Department Unit Is Again the Focus of Scrutiny," which includes this notable passage: Todd Foster, a former federal prosecutor in Tampa and Houston and a former Federal Bureau of Investigation agent, questions whether the case would have been re-examined as closely if it hadn't involved a U.S. senator. "My question is what happens to the rest of us?" he asked. "What happens when the person doesn't have the resources Sen. Stevens had? What happens to those cases that don't reach the attorney general?" And Politico has this lengthy and effective article by Josh Gerstein headlined "Fed judges are fed up...continue to full post

Full post as published by Sentencing Law and Policy on April 08, 2009 (boomark / email).