Monday, March 28, 2011

Symposium on Prosecutorial Disclosure Duties

Last June, the Cardozo Law Review had a symposium, New Perspectives on Brady and Other Disclosure Obligations: What Really Works? (vol. 31, no. 6):

Foreword: New Perspectives on Brady and Other Disclosure Obligations: What Really Works?
Ellen Yaroshefsky 1943

New Perspectives on Brady and Other Disclosure Obligations:
Report of the Working Groups on Best Practices 1961

Voices From the Field: An Inter-Professional Approach to Managing Critical Information
Speeches of the Symposium 2037

Organizational Guidelines for the Prosecutor's Office
Rachel E. Barkow 2089

Talking About Prosecutors
Alafair S. Burke 2119

Can an Ethical Person Be an Ethical Prosecutor? A Social Cognitive Approach to Systemic Reform
Lawton P. Cummings 2139

Beyond Training Prosecutors About Their Disclosure Obligations: Can Prosecutors' Offices Learn from Their Lawyers' Mistakes?
Bruce A. Green 2161

Emotionally Charged: The Prosecutorial Charging Decision and the Innocence Revolution
Daniel S. Medwed 2187

Professional and Conviction Integrity Programs: Why We Need Them, Why They Will Work, and Models for Creating Them
Barry Scheck 2215
I learned of the symposium from a Penn State law professor who gives it this endorsement:
The 2010 Cardozo Symposium entitled “New Perspectives on Brady and Other Disclosure Obligations: What Really Works” is important reading for all lawyers – regardless of specialty or country – because we all have an interest in participating in a legal system that has a robust rule of law. Corruption or even misunderstandings about prosecutor conduct, including disclosure duties, can undermine public confidence and also the confidence of the legal profession in our legal system.
. . .
Even if you do not study criminal justice issues, you should read the Foreword in order to develop a better appreciation of issues that are critical to the rule of law and to see additional examples of how systemic, ex-ante approaches . . . can be used when designing legal systems and rules.
Laurel Terry, Academics Making a Difference: Prosecutor Disclosure Obligations in Criminal Cases, Jotwell, March 24, 2011.

Some of these issues were also discussed in the Washington Law Review two years ago:
  • Judge Robert S. Lasnik and David Boerner, The Legacy of Norm Maleng, 84 Wash. L. Rev. 3 (2009) Full Article
  • Hon. Patrick Fitzgerald, Thoughts on the Ethical Culture of a Prosecutor's Office, 84 Wash. L. Rev. 11 (2009)
  • Daniel S. Medwed, The Prosecutor as Minister of Justice: Preaching to the Unconverted from the Post-Conviction Pulpit, 84 Wash. L. Rev. 35 (2009) Full Article

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