Justin Brooks
Professor, California Western School of Law; Director,
California Innocence Project |
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Cheah Wui Ling
Assistant Professor, Faculty of Law, National University of Singapore
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Daniel Ehighalua
Nigerian Barrister; Project Director, Innocence Project Nigeria
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C Ronald Huff
Professor of Criminology, Law & Society and Sociology, University of California-Irvine
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Phil Locke
Science and Technology Advisor, Ohio Innocence Project and Duke Law Wrongful Convictions Clinic
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Dr. Carole McCartney
Reader in Law, Faculty of Business and Law, Northumbria University
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Nancy Petro
Author and Advocate
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Kana Sasakura
Associate Professor, Faculty of Law, Konan University; Visiting Scholar, University of Washington School of Law; Innocence Project Northwest (IPNW)
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Dr. Robert Schehr
Professor, Department of Criminology & Criminal Justice, Northern Arizona University; Executive Director, Arizona Innocence Project
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Shiyuan Huang
Associate Professor, Shandong University Law School; Visiting Scholar, University of Cincinnati College of Law
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Ulf Stridbeck
Professor of Law, Faculty of Law, University of Oslo, Norway
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Martin Yant
Author and Private Investigator
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Arizona prosecutor opposes ethical rule.
It’s MARICOPA COUNTY! Would we expect anything else?
Mr. Locke hit it on the head (remember Andrew Thomas?) but also, this “ethical rule” closely mirrors the ABA’s Rule 3.8(g & h) “Special Responsibilities of a Prosecutor.”
…
(g) When a prosecutor knows of new, credible and material evidence creating a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted, the prosecutor shall:
(1) promptly disclose that evidence to an appropriate court or authority, and
(2) if the conviction was obtained in the prosecutor’s jurisdiction,
(i) promptly disclose that evidence to the defendant unless a court authorizes delay, and
(ii) undertake further investigation, or make reasonable efforts to cause an investigation, to determine whether the defendant was convicted of an offense that the defendant did not commit.
(h) When a prosecutor knows of clear and convincing evidence establishing that a defendant in the prosecutor’s jurisdiction was convicted of an offense that the defendant did not commit, the prosecutor shall seek to remedy the conviction.