Most prosecutors believe that a defendant who has been convicted is guilty and that defense counsel does little more than look for loopholes and technicalities to get their (guilty) client off, or at least, the best deal possible. I certainly did! And, typically, prosecutors proceed with this professional mind-set in good faith. The rules of professional conduct don’t require otherwise. Maybe.
Rules of Professional Conduct
Let’s look at Rule 3.8 of New York’s Rules of Professional Conduct.1 A prosecutor cannot institute or maintain a criminal charge if he “knows or it is obvious” that it is not supported by probable cause.2 But what happens when the charges were brought in good faith and the defendant is convicted, yet new evidence (or, possibly, a new mind-set) sheds a different light?
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
