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Criminal Law

: Prosecutor Postscript

By Sarena Straus, Esq.

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Response to HypotheticalNicely reasoned argument in support of prosecutors using deception in limited circumstances and where it does not shock the conscience.Howard said "One caveat to the points above: some prosecutors play a closer role to police detective than others. In the Investigations Division, for example, oftentimes I was the investigator assigned. Why shouldn't I have the same tools at my disposal in my investigation of a case as a detective? Especially if there's no police detective assigned to the investigation."I think that when prosecutors are also investigators, they should be able to deceive, using the same standard as the police: it can't shock the conscience. So I can't tell someone that a loved-one is sick, and I'll allow them a visit if they'll tell me what I want to know...continue to full post

Full post as published by Prosecutor Postscript on April 25, 2007 (boomark / email).

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