NCJ Number
116283
Journal
Judicature Volume: 72 Issue: 5 Dated: (February-March 1989) Pages: 299-303
Date Published
1989
Length
5 pages
Annotation
Recent legal developments and more aggressive investigative techniques are creating new ethical dilemmas for prosecutors and other Government attorneys.
Abstract
Because conviction is the overriding concern of Government attorneys, recent movement toward limiting the exclusionary rule may encourage professional misconduct and raise ethical issues. Increases in the size and scope of criminal investigations, such as those involving drug ring and organized crime investigations, have increasingly involved attorneys in the investigation resulting in additional temptations. Other ethical problems arise with respect to court decisions that have placed limitations on privacy rights and rights under the Miranda provisions, attorney-client privilege, and due process guarantees. In many such cases, Government attorneys are not subject to judicial sanctions for engaging in behaviors they know to be illegal or fraudulent; in others courts have been unwilling to censure State attorneys for unethical behavior undertaken in pursuit of commendable goals. Further, Bar and State disciplinary bodies also have proven reluctant to censure their professional colleagues for unethical conduct. This unwillingness to declare and punish unethical conduct may undermine the legitimacy of Government attorneys and even the legitimacy of the Government they seek to serve. 61 footnotes.