Saturday, September 1, 2007

What Went Wrong with Nifong?

What was going through Mike Nifong's head when he pulled his antics in regard to the three Duke University lacrosse players? Did he not think he would be found out?

Nifong, the former Durham County, North Carolina, district attorney has been stripped of his law license and will spend one day in jail for lying to the judge about the rape charges against the athletes. Nifong, held in criminal contempt of court, was found to have provided the defense with a DNA testing report that he knew to be incomplete, according to an MSNBC.com article.

I know that Nifong had practiced law for a long time, and that most states only passed ethics rules within the last few years. But lawyers were supposed to learn the ethics rules anyway and uphold them.

Here is what the Barbri Professional Responsibility outline says about the special responsibilities of prosecutors:

--The prosecutor in a criminal case is not simply an advocate but also a minister of justice; the prosecutor's primary goal is to seek justice; not to convict. [comment 1 to ABA Model Rule 3.8]

--A prosecutor must not prosecute a charge that she knows is not supported by probable cause.
[ABA Model Rule 3.8(a)]

--A prosecutor must timely disclose to the defense all evidence and information known to the prosecutor that tends to negate the guilt of the accused or mitigate the degree of the offense.[ABA Model Rule 3.8 (d)] Failure to disclose material information may deprive the defendant of due process. [See Brady v. Maryland 373 U.S. 83 (1963).

et seq.

Speaking of professional responsibility, I should be getting back my MPRE score next week. The scores are supposed to come out five weeks after the test. Nail biting time!

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