Prosecution Complex: America's Race to Convict and Its Impact on the Innocent

by Daniel S. Medwed

Overview

American prosecutors are asked to play two roles within the criminal justice system: they are supposed to be ministers of justice whose only goals are to ensure fair trials—and they are also advocates of the government whose success rates are measured by how many convictions they get. Because of this second role, sometimes prosecutors suppress evidence in order to establish a defendant’s guilt and safeguard that conviction over time.

In Prosecution Complex, Daniel S. Medwed shows how prosecutors are told to lock up criminals and protect the rights of defendants. This double role creates an institutional “prosecution complex” that animates how district attorneys’ offices treat potentially innocent defendants at all stages of the process—and that can cause prosecutors to aid in the conviction of the innocent. Ultimately, Prosecution Complex shows how, while most prosecutors aim to do justice, only some hit that target consistently.

Product Details

ISBN-13:	9780814796252
Publisher:	New York University Press
Publication date:	03/05/2012
Sold by:	Barnes & Noble
Format:	eBook
Pages:	239
File size:	2 MB

About the Author

Daniel S. Medwed is Professor of Law at Northeastern University School of Law and the 2013 recipient of the Robert D. Klein University Lectureship.

Table of Contents

Acknowledgments  Introduction Part I. Fair Play? Prosecutorial Behavior Prior to Trial 1 Charging Ahead  2 In the Interest of Full Disclosure: Discovery in Criminal Cases 3 Plea Bargaining Pitfalls Part II. Beyond a Reasonable Doubt? Reasons to Doubt Prosecutorial Conduct during Trial 4 Preparation and Examination of Witnesses  5 Test Tubes on Trial: Prosecutors and Forensic Evidence  6 Closing the Door on Innocence: Improper Summations by Prosecutors Part III. The Fallacy of Finality: Prosecutors and Post-Conviction Claims of Innocence 7 Prosecutorial Resistance to Post-Conviction Claims of Innocence 8 A Closer Look: Prosecutors and Post-Conviction DNA Testing 9 In Denial: Prosecutors’ Refusal to Accept Proof of an Inmate’s Innocence  Conclusion  Notes  Index  About the Author