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Washburn Law Journal

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This article deals with three kinds of unethical and unconstitutional practices and policies of prosecutors’ offices: (1) Cases in which a prosecutor, in the heat of a trial, unintentionally acts unethically or unconstitutionally, and the prosecutor’s office then makes that conduct official policy by adopting and seeking to justify the conduct on appeal; (2) Cases in which a “rogue” prosecutor purposefully engages in unethical and/or unconstitutional tactics, like concealing Brady material, and the prosecutor’s office seeks to justify the conduct on appeal; (3) Cases in which a chief prosecutor adopts unethical and/or unconstitutional practices as office policy. In addition, a related issue is discussed – the general failure of disciplinary authorities and courts to take disciplinary or other remedial measures against prosecutors who violate both the rights of criminal defendants and the prosecutors’ own ethical obligations.