NCJ Number
6801
Journal
Texas Law Review Volume: 50 Issue: 4 Dated: (APRIL 1972) Pages: 629-735
Date Published
1972
Length
107 pages
Annotation
PRESENT JUDICIAL, STATUTORY AND DISCIPLINARY REMEDIES FOR THE MISCONDUCT OF PROSECUTORS AND TRIAL JUDGES AND NEW APPROACHES FOR HANDLING COURTROOM MISBEHAVIOR.
Abstract
WHILE THE PUBLIC HAS COME TO ASSOCIATE COURTROOM DISRUPTION ALMOST EXCLUSIVELY WITH THE MISCONDUCT OF DEFENDANTS AND DEFENSE ATTORNEYS, THE MISCONDUCT OF PROSECUTORS AND TRIAL JUDGES PRESENTS AN EQUALLY SERIOUS PROBLEM. THE TRADITIONAL REMEDIES FOR SERIOUS PROSECUTORIAL MISCONDUCT AND MISCONDUCT BY TRIAL JUDGES ARE REVIEWED. THE AUTHOR SUGGESTS THAT THE BEST CORRECTIVE FOR PROSECUTORIAL MISCONDUCT MAY BE PUNISHMENT FOR CONTEMPT OF COURT, A REMEDY PRESENTLY EMPLOYED ALMOST EXCLUSIVELY AGAINST MISBEHAVING DEFENSE ATTORNEYS. STATUTORY GROUNDS FOR DISQUALIFICATION OF TRIAL JUDGES MIGHT BE ENACTED OR PROVISION MIGHT BE MADE FOR THE ABOLITION OF ABSOLUTE JUDICIAL IMMUNITY, THUS SUBJECTING TRIAL JUDGES TO CIVIL LAWSUITS. AUTHOR ABSTRACT MODIFIED