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Prosecutors and JudgesChapter 7 – Special Ethical RulesPearce, et al.
Contemporaryprofessionalresponsibility.com
Prof. George W. ConkSenior FellowStein Center for Law & EthicsFordham Law Schoolgconk@law.fordham.edu
Ch S!ecial Ethics "ules # Prosecutors and $udges
RPC 3.8
Rule 3.8 Special Responsibilities Of A Prosecutor
Who is the client of a prosecutor?
How does the duty of a prosecutor dier from that of a defender? A lawyer in a private matter?
Ch S!ecial Ethics "ules # Prosecutors and $udges%
Q. 7-1, p. 660 Can the prosecutor ethically bring charges against Bill for lying on a government form?
(A) No, because the prosecutor is acting pretextually.
(B)No, because the prosecutor is acting selectively.
(C)Yes, because the prosecutor has probable cause to believe that Bill committed the crime.
(D)Yes, because the prosecutors discretion to charge or not to charge is an executive decision that is not sub!ect to regulation by la"yers ethics rules.
Ch S!ecial Ethics "ules # Prosecutors and $udges
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