Topic > Vindicating Prosecutorial Vendictiveness - 1823

Vindicating Prosecuctoral Vendictiveness“To become aware of a harmful prosecution” Defined by the Supreme Court, “vindictiveness” or being “vindictive” means “that a prosecutor has retaliated against a defendant for the exercise of a legal right, denying him due process” according to Doug Leib, author of Vindicating Vindictiveness: Proseuctoral Discretion and Plea Bargaining, Past and Future, of the Yale Law Journal (Leib,1016). There is a close, almost invisible line that has been ignored by many individuals who have a right to power and those who manipulate their power because of their job position. For example, there may be a prosecutor who will seek justice written within the guidelines of the law, but will still have the ability to do their job with the professional standards and compassion needed to also treat the victim. as the constitutional rights of the accused, without any aggression or prejudice, and maintaining the integrity necessary to earn and sustain the respect of the citizens of the United States of America, thus restoring the meaning of "And Justice For All", allowing the newfound faith of the citizens of the United States to pour back into their criminal justice system. However, this is not such a pretty painted picture. For some, the power of the prosecution is assumed and the thin invisible line is crossed. For some, the power they have behind their position makes them lose all moral and ethical pursuit of goals. The problem therefore is that they find themselves in a battle between judiciary VS. acceptance of responsibility. In the Columbia Law Review, an essay written by Ronald F. Wright, entitled “Sente...... middle of paper ......rial Lawyer 10.3 (2012): 19-20. Legal collection. Network. May 2, 2014. “Sixth Amendment – ​​Ineffective Assistance of Counsel – Tenth Circuit Holds Defendant is Prejudiced When His Counsel's Inadequate Performance Causes Him to Forgo a Plea Agreement and Face a Fair Trial – Williams v. Jones 571 f. 3d 1086 (10th cir. 2.."Harvard Law Review 123.7 (2010): 1795-1802. Legal Collection. web. MAY 2, 2014.Taddei, John P. "Beyond Absolute Immunity: Alternative Protections for Prosecutors vs. Ultimate Responsibility for Cases § 1983." Northwestern University Law Review 106.4 (2012):1883-1926. Academic Search Premier. Web. May 2, 2014. Vorenberg, James. "Decent Restraint Of Prosecutorial Power." Harvard Law Review94(1981):1521.Legal Collection. May 2 2014