Assume you are assigned to a young, ambitious prosecutor. At a meeting with the prosecutor on a particularly notorious case, the prosecutor says, "The defense will want to plea bargain, so let's add a few charges and not make it easy for the defense to contact the victim or other witnesses." Having studied the ethical responsibilities of a prosecutor, what specific points should you mention?

What will be an ideal response?


It is unethical to bring charges that a prosecutor knows are without support of evidence [Model Rule 3.8(1)]. The prosecutor should not use illegal means to obstruct communication between potential witnesses and defense counsel (Model Rule 4.4).

Legal Studies & Paralegal

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