Saturday, October 17, 2009

DOJ announces plans to prevent prosecutorial misconduct is reporting today that the US Justice Department recently outlined a plan to ensure prosecutors play by the rules when dealing with evidence. Think about that for a moment. We need a full out effort by the Dept of Justice to make sure prosecutors play by the rules. And here I thought professionalism and the duty to follow rules of professional conduct were there for that...

Assistant Attorney General Lanny Breuer has pitched what he calls a "comprehensive approach" to reform -- a plan that includes mandatory annual discovery training for all prosecutors and the creation of a new position at Main Justice that will focus on discovery issues. But Breuer said the department would fight any effort to require prosecutors to turn over all favorable information to the defense. Under current rules, prosecutors only have to give the defense information they plan to use at trial or information that they determine would be exculpatory. Defense lawyers and some judges have argued prosecutors have too much control in trying to glean the defense theory of a case before deciding whether information must be turned over. Go here for the full story.

UPDATES on this story: here and here.

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