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The Supreme Court has said often that a prosecutor's office is one office, and an individual prosecutor's actions are the office's actions, said Bennett L. Gershman, a professor at Pace Law School and a former prosecutor in the Manhattan district attorney's office.
The letter could suggest that the simple and ethically safer solution to motivate prosecutors to try more cases is to sit down with each individual prosecutor and tell them to put on their game-face, prepare the case diligently, and pick a jury.
"Any exercise of preemptory challenge made by any member of the OCDA has been the individual prosecutor's decision to do what is in the best interest of the People, public safety, and crime victims," the office said. .
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They claim it is only the determination of individual prosecutors that has kept the trial alive.
In addition, it is unclear what individual prosecutors knew about Mr. Scarcella and the accusations against him.
In the patchwork of legislation passed by Congress and 48 states, even individual prosecutors can carry great weight.
The Holder memo, he said, has been interpreted differently by individual prosecutors, sometimes in the same office.
But that hasn't stopped individual prosecutors from going after women who self-induce abortions, or try.
An invisible barrier separates citizens from the judiciary's activities, giving an inaccurate portrayal of judicial work and individual prosecutors and judges.
"It is important that the D.A.'s office examine what went wrong and hold individual prosecutors accountable for any misconduct," she said.
But because individual prosecutors are immune from being sued, the only way to hold the government accountable is if a court finds a systemic failure to train prosecutors properly on the Brady rule.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com