The Prosecutor Prince: Misconduct, Accountability and a Modest Proposal

Abstract

This article will undertake an ambitious agenda, composed of eight sections: (1) setting forth the proper role of prosecutors; (2) examining the prevalence and consequences of prosecutorial misconduct; (3) identifying the primary types of prosecutorial misconduct; (4) surveying the efforts of all jurisdictions in this regard; (5) dissecting the inadequacies of current practices in coping with the problem; (6) critiquing the proposals set forth by others regarding prosecutorial abuse; (7) examining the methodology and effectiveness of independent judicial commissions as a model for commissions regarding prosecutors; and (8) offering our proposal advocating independent commissions to investigate and determine whether prosecutorial misconduct has occurred and, if so, mete out appropriate sanctions.

Keywords: prosecutor, prosecutorial misconduct, commission, judicial commission