What Should a Prosecutor Do When they Personally Believe the Defendant is Innocent?
If a prosecutor personally believes that the defendant is innocent in a criminal prosecution, then they should dismiss the charges....or...reassign it to a prosecutor who actually believes in the validity of the charges. This creates an ethical problem in that a prosecutor with more experience with the facts of a case must either dismiss the charge or give a case to a prosecutor who knows little of the facts of the case. Additionally, when should this decision be made...at the arraignment or before trial? Should there be an office review of such cases and, if so, who should lead the review team?
Errol Cook, Esq.
(562) 209-1114
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