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Book learning in ethics for counsel.
| NDAA National Prosecution Standards – 2nd Edition | |
Download Publication This is the most recent version of the National Prosecution Standards by the National District Attorneys Association. The standards are currently being considered for possible revision and will soon be available for sale on this Web site. | |
It is improper for a trial counsel to interject herself into the proceedings by expressing a “personal belief or opinion as to the truth or falsity of any testimony or evidence.” United States v. Horn, 9 M.J. 429, 430 (C.M.A. 1980) (quoting ABA Standards, The Prosecution Function, § 5.8(b) (1971)).
United States v. Fletcher, 62 M.J. 175, 179 (C.A.A.F. 2005).
There are also standards for the defense function.
The full ABA Criminal Justice Standards are available on-line.
Do No Wrong: Ethics for Prosecutors and Defenders
By Peter A. Joy and Kevin C. McMunigal
This book is designed to help provide guidance for resolving ethical issues such as:
-How far may the prosecution or defense go in using religion in closing argument?
-Does the defense lawyer or the client decide whether to raise an insanity defense or to present mitigation evidence?
-Is the defendant entitled to Brady material prior to entering a plea bargain?
-When may the defense introduce evidence of an alternate perpetrator or SODDI (the “some other dude did it”) defense? (Jan. 2009, 205 pages).