Prosecutorial Misconduct
Professor James R. Elkins College of Law
West Virginia University|Spring|2012|


Assignments Archive


John Kroger's Book

Prosecutorial Immunity


Course Evaluation

Web Resources

Prosecutors: Work and Mindset

Basic Trial Techniques for Prosecutors
American Prosecutors Research Institute

Federal Prosecutors: Policies and Procedures

U.S. Attorney's Manual: Criminal

Federal Prosecutors: The White House, Department of Justice, and U.S. Attorneys Office

The Independece of Federal Prosecutors
Panel, Federalist Society's Criminal Law Practice Group presented this panel at the 2007 Annual National Lawyers Convention, November 15, 2007 [YouTube video; 1:27 mins.] [Panel discussing relationship of White House to Main Justice, and Main Justice to U.S. Attorney's office]

Case Studies

The Prosecution's Case Against DNA

The 2011 Worst Prosecutor of the Year Award

YouTube Videos

Exoneree John Thompson on Prosecutorial Misconduct

Allegations of prosecutorial misconduct in Butler County

Katie Couric commenting on the USA Today series on prosecutor's misconduct

The Strauss-Kahn Case

I.M.F. Chief, Apprehended at Airport, Is Accused of Sexual Attack New York Times, May 14, 2011

Police Seek Evidence From I.M.F. Chief on Sex Attack
New York Times, May 16, 2011

The Strauss-Kahn Case: Follow the Evidence, Not Immunity Rules The Atlantic, May 16, 2011

Letter from District Attorney to Defense
July 1, 201l

Five Ways to Think About The Times' Strauss-Kahn Story
The Atlantic

Prosecutorial Misconduct: Failure to Disclose Evidence

Prosecutorial Ethics: The Role of the Brady Rule [YouTube video] [1:37 mins.] [Case Western University Law School Symposium. Speakers: Professor Lewis R. Katz, Professor Kevin C. McMunigal, Judge Ben C. Green Professor, Professor John G. Douglass, Scott Roger Hurley (public defender)] [pt2 :: 1:15 mins.][Speakers: Professor Paul C. Giannelli, Professor Peter A. Joy, Jonathan Leiken] [pt3 :: 1:04 mins.][Speaker: Barry Scheck, Director, Innocence Project]

Justice and Prosecutorial Misconduct
New York Times, December 28, 2011 [Exonerated of Murder, Texan Seeks Inquiry on Prosecutor]

Memorandum Issued for DOJ Litigators Handling Criminal Matters
Deputy Attorney General, Department of Justice, January 4, 2010 [Guidance for Prosecutors Regarding Criminal Discovery]

AUSA Misconduct

Boston AUSA Faces Judicial Panel Regarding Alleged Misconduct
January 22, 2010

Mass. Judge Considers Sanctions Against Asst. USA
May 12, 2009 [Federal prosecutor admits mistake, begs for leniency]

Prosecutorial Misconduct in Patrick Fitzgerald's Office? Yes, Says Judge Wall Street Journal, August 28, 2009 [Crime and Federalism Blog]

Prosecutorial Misconduct for AUSA to Introduce "extensive evidence" of Uncharged Drug Use and Transactions 3rd Circuit Blog

Caught on Tape: Prosecution Secretly Records Defense Counsel, Raising Questions About Prevalence of Governmental Misconduct and Remedies