Tampa State Attorney Andrew H. Warren. Courtesy photo Prosecutors Have the Right to Speak Out
As a constitutional matter, prosecutors, no less than other citizens, have the right to express their views robustly without government interference or retaliation.
January 18, 2024 at 05:11 PM
7 minute read
In a law review article, "The Prosecutor's Duty of Silence" [79 Albany Law Review 1183 (2016)], I argued that prosecutors have an ethical duty to remain silent and not make public comments about specific cases or individuals currently under investigation or being litigated. As I wrote, "a prosecutor's public statements can destroy a person's reputation, prejudice his right to a fair trial, and undermine the public's respect for the way the criminal law is administered."
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