Tuesday, January 5, 2010

More on the DOJ plans to prevent prosecutorial misconduct

Yesterday I reported (here) that the Federal Dept. of Justice recently issued some guidance memos for all federal prosecutors regarding their obligations when it comes to sharing information with criminal defense lawyers.

Here is a link to the DOJ memos.

Also, today the Wall Stree Journal Law Blog published an article that reviews some of the cases that created the need for the DOJ to go back to basics and that puts the DOJ memos in proper context. The article is called "DOJ Offers Guidance to Prevent Prosecutor Errors: But Will it Work?" and it is available here.

Finally, the White Collar Crime Profs Blog has a short comment on the memos here called "New DOJ Discovery Policies Fall Short," in which Prof. Ellen Podgor concludes "[i]t is good to see DOJ trying to do a better job than past administrations, but what really needs to be done is setting forth clearer rules and statutes by independent parties, as opposed to a working group . . . so that our system does "do justice". . .

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