Prosecutors Run Amok?


Please see this link to a wonderful panel discussion led by federal Circuit Court Judge, the Honorable Alex Kozinsky and John G. Malcolm, Director of the Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation, concerning abuses by federal prosecutors who engage in over-reach and try to win cases at all costs. The panel focuses on how prosecutors skirt their obligation to reveal exculpatory information to the defense. This issue directly ties to questions of overcriminalization, since time and time again prosecutors will engage in abusive conduct in order to win cases that are simply not criminal in nature. The Justice Department took offense at this very frank and honest discussion.



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United States v. Clay: A Case Study in Overcriminalization and Unchecked Prosecutorial Discretion