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"To Seek Justice" Does Not Include An Acquittal

By Brian Tannebaum, Esq.

Several years ago I moderated a panel on ethics in criminal justice. A former senior prosecutor-turned judge said that he believed professionalism had diminished due to the atmosphere in "the office" that it's all about winning.From The National Center for Prosecution Ethics National Rules and Standards:3-1.2(c): The Function of the ProsecutorThe duty of the prosecutor is to seek justice, not merely to convict.Seeking justice is a broad term, but attaching it to my trial last week, it appears that it means the prosecutor's duty was to present evidence to a jury and ask them to convict, because she believed the 6 Defendants were guilty beyond a reasonable doubt.The jury disagreed. They acquitted 4 of the 6 Defendants. That's justice.But society disagrees...continue to full post

Full post as published by Criminal Defense on August 11, 2010 (boomark / email).