Keywords
criminal law; criminal ethics; prosecutorial discretion
Abstract
This Article argues that scholarly discussions about prosecutorial discretion need to extend their focus beyond the exercise of prosecutorial judgment pretrial or questions of factual and legal guilt. Given that the primary role of the prosecutoris to do “justice,” this Article calls for increased attention to the exercise of discretion after the guilt phase is complete, specifically in the context of expungement of nonconviction andconviction information. It offers a framework for exercising such discretion and, in doing so, hopes to initiate additional conversation about the role of prosecutors during the phases that follow arrest and prosecution.
Recommended Citation
Brian M. Murray,
Unstitching Scarlet Letters?:
Prosecutorial Discretion
and Expungement,
86 Fordham L. Rev. 2873
(2018).
Available at: https://ir.lawnet.fordham.edu/flr/vol86/iss6/17
Included in
Criminal Law Commons, Criminal Procedure Commons, Legal Ethics and Professional Responsibility Commons