Unleashing Rule 5.1 to Combat Prosecutorial Misconduct
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Date
2024-05-20
Authors
Cassidy, R. Michael
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
The topic of this Article is the little understood and seldom invoked Rule of Professional Conduct 5.1, and how that disciplinary rule can be more aggressively enforced to detect and deter prosecutorial misconduct. The notion that supervisory attorneys must be more actively involved in their colleagues’ ethical decisions and conduct has been recognized by the bar since the adoption of Rule 5.1 in 1983, but the rule remains undertheorized by scholars and underutilized by disciplinary authorities.
Description
44 pages
Keywords
American Bar Association Model Rule 5.1, Corporate criminal liability, Rules of Professional Conduct, Lawyers
Citation
102 Or. L. Rev. 269