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Two new must-reads from SSRN

By Douglas A. Berman

Two of my favorite profs have new pieces on SSRN.  Here are the titles, links and abstracts: Prosecutorial Shaming by Adam M. Gershowitz: This Article explores the unfortunately large number of instances in which appellate courts reverse convictions for serious prosecutorial misconduct but do not identify the names of the prosecutors who committed the misconduct. Because judges are reluctant to publicly shame prosecutors whose cases are reversed, this Article advocates that a neutral set of third parties undertake the responsibility of publicly identifying prosecutors who commit serious misconduct. The naming of prosecutors will shame bad actors, provide a valuable pedagogical lesson for junior prosecutors, and signal to trial judges that certain prosecutors must be monitored more closely to avoid future misconduct...continue to full post

Full post as published by Sentencing Law and Policy on September 11, 2008 (boomark / email).