Publication Date
2010
Abstract
Even good prosecutors can cross the line. This is particularly true when it comes to media sound bites in high-profile cases. The Supreme Court held in Gentile v. Nevada State Bar, 501 U.S. 1030 (1991), that while lawyers have the First Amendment right to make comments to the press, they do not have the right to make comments that have a "substantial likelihood of materially prejudicing an adjudicative proceeding." This broad standard gives little guidance to prosecutors as they try to frame their public remarks. A much better guide is found in 28 C.F.R. § 50.2. These federal regulations at least identify those topics most likely to pose the greatest ethical problems for prosecutors. Not surprisingly,these are the same areas that have long led to wrongful convictions. Prosecutors must beware of the hot-button issues in speaking to the press. They must also avoid undue personal involvement in the case. To construct useful professional codes of conduct, prosecutors are well- advised to look to the ethical codes of other professions. The best ethical codes are those that anticipate the specific prejudicial impact of a prosecutor's public statements.
Recommended Citation
Levenson, Laurie L.
(2010)
"Prosecutorial Sound Bites: When Do They Cross the Line?,"
Georgia Law Review: Vol. 44:
No.
4, Article 6.
Available at:
https://digitalcommons.law.uga.edu/glr/vol44/iss4/6