The prosecutor has specific ethical obligations besides seeking justice. Chapter Six discusses the ethical duties of a prosecutor. The textbook provides case law regarding some of the decisions a prosecutor makes in the scope of their duties. The 1935 case, Berger v. United States, holds the prosecutor’s primary interest is justice – not simply winning cases. How does this holding support the use of discretion and the role of ethics for the prosecutor?
In a 1 1/2 – 2 page essay, respond to the following:
- Does the need to win a case override the ethical need to be fair and just?
- What is more important – justice or a conviction – according to Berger v. United States.
- What outside pressures could drive a prosecutor’s conduct (for example, public demands for a conviction)?
- Research online to find a news article where the public pressured the prosecutor to do, or not do, something. Summarize the article. Were the prosecutor’s actions ethical, fair, and just? Why or why not?
Sample Solution
