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Schoenfeld, H. (2005). Violated trust: Conceptualizing prosecutorial misconduct. Journal of Contemporary Criminal Justice, 21(3), 250-271. 

In the past decade, investigations into wrongful convictions have uncovered multiple incidents of prosecutorial misconduct during trial. This article proposes a theoretical explanation of prosecutorial misconduct with the goal of prompting further research. The theory builds from the characterization of prosecutors as agents of trust and prosecutorial misconduct as a violation of the norms of trust. Utilizing theories of occupational crime, the theory explains how the structure of the trust relationship creates motivation and opportunities for misconduct. Motivation to engage in misconduct stems from prosecutors’ definitions of success, which are influenced by the reward structure and the availability of techniques of neutralization. Opportunities for misconduct arise because of the organization of the prosecutorial role and weak sanctions for prosecutors’ misbehavior. Given the motivation and opportunity, prosecutors’ decision to engage in misconduct depends on their evaluation of existing opportunities, which is influenced by their workplace subculture and their values and beliefs.

Questions that apply to this article:

1. Why does the author argue that systematic analyses of prosecutorial misconduct need to be conducted?
2. How does the structure of the trust relationship create motivation and opportunities for misconduct?
3. What does the theoretical explanation of prosecutorial misconduct that the author proposes look like?

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Cohen, N. J. (2001). Nonlawyer judges and the professionalization of justice:Should an endangered species be preserved? Journal of Contemporary Criminal Justice, 17(1), 19-36.

This article examines the scope of nonlawyer judges in state and local trial courts, with an emphasis on courts of limited jurisdiction.  It looks at trends in legal education and the current emphasis on judicial ethics.  A review of statewide court reform in Pennsylvania is detailed as representative of many states’ experiences.  An analysis of criminal defendants’ due process rights before nonlawyer judges reviews cases from the U.S. Supreme Court and the Tennessee Supreme Court.  The article concludes with the ideas about the future of nonlawyer judges.

Questions that apply to this article:

1. What is the history of nonlawyer judging in the United States and how prevalent is it?
2. According to the author, what are some of the drawbacks to having a nonlawyer judge on a case?
3. According to the author, what is the future of nonlawyer judges?

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Belbot, B. A. (1991). Whistleblowing and lawyers. Journal of Contemporary Criminal Justice, 7(3), 154-166. 

In recent years, a great deal of attention has been paid to whistleblowers, those heroic people who risk their jobs, friendships and health to expose their employers’ illegal or unethical behavior. This article examines the difficulties faced by a corporate attorney who discovers that her client has committed a fraudulent act. A lawyer’s code of professional ethics and the common law obligation to keep client confidences make it virtually impossible for an attorney to “blow the whistle” on a corporate client or employer.

Questions that apply to this article:

1. Why is it virtually impossible for an attorney to "blow the whistle" on a corporate client or employee?
2. Why are attorney-client privilege and client confidentiality so important?

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Bal, P. (1994). Discourse ethics and human rights in criminal procedure. Philosophy & Social Criticism, 20(4), 71-99.

An important issue in contemporary societies is how to warrant the legitimacy of law. Legitimation of law calls for moral standards. Developments in modern law, however, show a disconnection from its traditional moral foundations and a tendency towards legal instrumentality in regulating highly complex societies. Focusing on the effectiveness of law and disregarding its normative premises endangers the legitimacy of law.

Questions that apply to this article:

1. How does legitimacy impact the structure of criminal procedure?
2. How can morality impact the practice of legal discourse?