Vindicating Prosecutoral Vindictiveness

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Vindicating Proseuctoral Vindictiveness

“Becoming Aware Of Malicious Prosecution”

Defined by the Supreme Court, “vindictiveness” or to be “vindictive” means “that a prosecutor has retaliated against a defendant for the exercise of a legal right, denying him/her due process” according to Doug Leib, author of Vindicating Vindictiveness: Proseuctoral Discretion and Plea Bargaining, Past and Future, of the Yale Law Journal (Leib,1016).

There is a near, almost invisible line that has been ignored by many individuals whom have the right of power and those of whom manipulate his/her power because of his/her employment position. For example, there might be a Prosecuting Attorney that will seek justice that is written within the guidelines of the law, yet still have the ability does his/her job with the professional standards, and the compassion that is needed to treat the victim as well as the, constitutional rights of the defendant, without any aggression or prejudice , and maintaining the integrity that it takes to earn and uphold the respect of the citizens of the United States of America, thus giving back to the meaning of “And Justice For All” , allowing the restored faith of that citizens of the United States, to flood back into its Criminal Justice System. However, this is not a picture that is painted so pretty. For some, proseuctoral power is taken over and the thin invisible line is crossed. To some, the power they have behind their position, causes them to lose all the moral and ethical pursuit of the objectives. The problem then is, that they find them selves in a battle of proseuctoral power VS. acceptance of responsibility.

In the Columbia Law Review, an essay written by Ronald F. Wright, titled “Sente...

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...rial Lawyer 10.3 (2012): 19-20. Legal Collection. Web. 2 May 2014.

"Sixth Amendment -- Ineffective Assistance Of Counsel -- Tenth Circuit Holds That A Defendant IS Prejudiced When His Lawyer's Deficient Performance Leads Him To ForgoA Plea Bargain And Face A Fair Trial -- Williams v. Jones 571 f. 3d 1086 (10th cir. 2.."Harvard Law Review 123.7 (2010): 1795-1802. Legal Collection. web. 2 MAY 2014.

Taddei, John P. "Beyond Absolute Immunity: Alternative Protections For Prosecutors Against Ultimate Liability For § 1983 Suits." Northwestern University Law Review 106.4 (2012):1883-1926. Academic Search Premier. Web. 2 May 2014.

Vorenberg, James. "Decent Restraint Of Prosecutorial Power." Harvard Law Review94(1981):1521.Legal Collection. Web. 2 May 2014

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