Close Menu
    Facebook X (Twitter) Instagram
    Return to Fordham Law School
    X (Twitter) Facebook LinkedIn Instagram RSS
    Fordham Law News
    • Home
    • Law School News
    • In the News
    • Fordham Lawyer
    • Insider
      • Announcements
      • Class Notes
      • In Memoriam
    • For the Media
      • Media Contacts
    • News by Topic
      • Business and Financial Law
      • Clinics
      • Intellectual Property and Information Law
      • International and Human Rights Law
      • Legal Ethics and Professional Practice
      • National Security
      • Public Interest and Service
    Return to Fordham Law School
    X (Twitter) Facebook LinkedIn Instagram RSS
    Fordham Law News
    You are at:Home»Faculty»What’s the Prosecutor’s Duty When an Injustice Later Surfaces?

    What’s the Prosecutor’s Duty When an Injustice Later Surfaces?

    0
    By Newsroom on August 13, 2019 Faculty, In the News

    In his latest New York Law Journal Ethics and Criminal Practice column, Adjunct Professor Joel Cohen poses moral and ethical questions about what actions prosecution offices and prosecuting attorneys should take to correct past justice system failures.

    Should a prosecutor—any prosecutor—faced with a confession years later by one who credibly claimed he acted alone, publicly stick to his or her guns about the case, even after their own office has investigated and determined that the convictions should be vacated? Even if that prosecutor still personally believed in the defendants’ guilt?

    Stroud and Fairstein are two ends of the spectrum for sure, and a description of their diametrically polar responses is designed merely to lay the framework for a discussion of a prosecutor’s ethical obligations when it appears that one convicted is innocent. And to be sure, to their credit, major prosecution offices in New York—for example, New York County and Kings County—have now institutionalized conviction integrity units to deal with wrongful conviction claims, although I was told, in response to my verbal requests, that they don’t have specific or published protocols that address precisely how to deal with new information that may lead to an exoneration. That aside, what are the ethical duties of prosecutors to deal with such situations?

    Read full article. 

    Share. Facebook Twitter Pinterest LinkedIn Tumblr Email

    Related Posts

    Professor Catherine Powell Selected for Prestigious Princeton Fellowship

    Bloomberg Law: Prof. Bruce Green Says Rules of Professional Conduct Will Be Tested as KPMG Law Eyes National Reach

    Dan’s Papers: Prof. Jerry Goldfeder Quizzes Readers on New York Politics

    Comments are closed.

    • The Big Idea
    August 5, 2025

    The Big Idea: Who Counts (and Who Doesn’t) in the U.S. Census 

    March 31, 2025

    The Big Idea: Local Politics, Reform Prosecutors, and Reshaping Mass Incarceration

    March 3, 2025

    The Big Idea: Forced Labor, Global Supply Chains, and Workers’ Rights

    November 6, 2024

    The Big Idea: Partisanship, Perception, and Prosecutorial Power

    READ MORE

    About

    Fordham University - The Jesuit University of New York

    Founded in 1841, Fordham is the Jesuit University of New York, offering exceptional education distinguished by the Jesuit tradition to more than 15,100 students in its four undergraduate colleges and its six graduate and professional schools.
    Connect With Fordham
    © 2025 ThemeSphere. Designed by ThemeSphere.

    Type above and press Enter to search. Press Esc to cancel.