Ethics Corner: The Nation’s Prosecutors Uphold Their Sworn Oaths
Many law review articles insist that overzealous prosecutors, intentionally or negligently exceeding the scope of their legitimate authority. This article argues that there is virtually no empirical support for this proposition, and the evidence supports the conclusion that prosecutorial misconduct occurs with admirable infrequency.
Ethics Corner: Prosecutors and PowerPoints
With courts embracing the use of modern technology during trials, prosecutors have turned to PowerPoints in closing arguments to summarize the evidence presented to the jury. The Ethics Corner summarizes cases where appellate courts found that prosecutors had committed professional misconduct in those presentations and gives practice points as to how prosecutors might use presentations ethically and effectively.
Ethics Corner: Creating a Chief Integrity Officer Position
This article details how this new position has been structured to ensure that ethics and integrity are integrated into every aspect of the AG office’s operations.
Compliance Monitoring and State Attorney General Investigations: Issues in Appointment and Operation
With increasing use of compliance monitors by state attorneys general and federal law enforcement in corporate settlement agreements, this article describes the significant advantages that monitors provide in enforcing complex injunctive relief and overseeing systemic corporate changes, and discusses key practices and standards to consider in selecting monitors and defining their roles.
What McDonnell v. United States Means for State Corruption Prosecutors
When the U.S. Supreme Court handed down its decision in Robert McDonnell v. United States nearly two years ago, it announced a new standard for cases involving a federal bribery statute. This first article of a two-part series examines how state courts have construed McDonnell and provides some practical tips for prosecutors to consider when investigating, charging, and trying corruption cases that may help avoid McDonnell issues.
The Ethical Duty of Technology Competence: What Does it Mean for You?
In this issue, the Ethics Corner addresses the recently-amended ABA Model Rule 1.1 and what it now means to provide competent representation, "including the benefits and risks associated with relevant technology."
Ethics Corner: Survey of “Ethics Gurus” in AG Offices Reveals Priorities
Amie Ely, director of NAGTRI's Center for Ethics & Public Integrity (CEPI), writes about assembling a cadre of "ethics gurus" from attorneys general offices and summarizes some of the ethics issues that have been identified. One issue addressed is whether prosecutors can ethically advise law enforcement in undercover operations that involve the use of subterfuge.
The Interaction between Rule 3.8(d) and the Constitutional Requirements of Brady and Giglio
This is an ongoing column exploring various ethical topics relevant to attorneys general and other government attorneys. Look for the Ethics Corner in each issue of the quarterly NAGTRI Journal.
Pitfalls in Rule 30(b)(6) Depositions of Law Enforcement Authorities
This article explores the special problems that arise when a defendant notices the deposition of a civil enforcement plaintiff under Fed. R. Civ. P. 30(b)(6) seeking information about the government's case. While depositions of government agencies are explicitly permitted under Rule 30(b)(6), unique problems arise when the agency happens to be a government law office serving as trial counsel in an enforcement action and also conducted or supervised the underlying investigation.
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