Prosecutors and Justice: Insights from Comparative Analysis
For the most part, scholarship focuses on the experiences and challenges of American prosecutors, assessing the particular sorts of misconduct engaged in by American prosecutors, the norms that govern them, how they are regulated and the structure and culture in which prosecutors work. That focus is neither wrong nor unsurprising. Its effect, however, may be to miss insights that can be gained by looking beyond the American experience. Specifically, if prosecutors elsewhere engage in misconduct, but work in different legal systems and cultures than do American prosecutors, it may be possible to refine the analysis of what it is that causes or can prevent bad behavior by prosecutors. This Article provides that sort of comparative analysis. It reviews the existence of and context for prosecutorial misconduct in Canada and France, considering both the similarities and differences from the American experience.
Laurène Soubise and Alice Woolley, Prosecutors and Justice: Insights from Comparative Analysis, 42 Fordham Int'l L.J. 587 (2018).
Available at: https://ir.lawnet.fordham.edu/ilj/vol42/iss2/9