Thursday, January 20, 2011

Pre-Trial Publicity Stunts by Prosecutors

"More than 100 US mobsters arrested in "largest Mafia round up in history': US Attorney Eric Holder." N.Y. Post

WHY BOTHER WITH A TRIAL WHEN THE US ATTORNEY CONVICTS YOU IN THE MEDIA?

Some Constitution. A defendant is presumed innocent, until the prosecutor holds a press conference and proclaims guilt. There ought to be a rule prohibiting such pre-trial publicity stunts.
Oh. There is. Prosecutors just ignore it.

Rule 3.8 Special Responsibilities of a Prosecutor
The prosecutor in a criminal case shall: (f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor's actio and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial liklihood of heightening public condemnation of the accused, and exercise reasonable care to prvent investigators, law enforcement personnel, employees, or other persons assistant or associated with the prosecutor in a criminal case from making an extradjudicial statement that the prosecutor would be prohibited from making under Rule 4-3.6 or this Rule 4-3.8.

So, who prosecutes prosecutors when they violate the rules of professional responsibility?

Good question. If you find out the answer, let me know.