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  • A judge just publicly called out prosecutors who he thinks may have cheated

    The Huffington Post - 03/25/2016

    Daniel Medwed, a law professor at Northeastern University who has written in depth about prosecutorial misconduct, told HuffPost that Kozinski’s naming of names is a “significant and bold act.”

    Medwed said this kind of “shaming by naming” is often criticized as a breach of professional courtesy. The argument, he said, is that prosecutors are public servants and calling them out by name runs the risk of making them more timid. But he also noted that many judges are themselves former prosecutors, and that there’s often a tendency to “cut prosecutors some slack” — slack that is seldom afforded to defense attorneys, who are routinely named in opinions when they’re found to have been ineffective in their duty to their clients.

    As simple as it is to name a prosecutor accused of cheating, judges rarely do it in their opinions, even when the misconduct is so severe that it results in a conviction being reversed.

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