Authors
Bruce A Green, Samuel J Levine
Publication date
2016
Journal
Ohio St. J. Crim. L.
Volume
14
Pages
143
Description
Although courts have traditionally relied primarily on prosecutors' individual self-restraint and institutional self-regulation to curb prosecutors' excesses and redress their wrongdoing,'aspects of prosecutors' conduct can be regulated externally as well. One potential source of external regulation is professional discipline. As lawyers, prosecutors are regulated by state courts, which oversee processes for disciplining lawyers who engage in misconduct. 2 In responding to prosecutors' wrongdoing, courts generally express a preference for professional discipline over civil liability, which is limited by principles of absolute and qualified immunity. Likewise, courts favor professional discipline over adjudicatory remedies such as reversal of criminal convictions or suppression of evidence, which are often unavailable because of the harmless error doctrine and other limitations. 4
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