“The Chronic Failure to Discipline Prosecutors for Misconduct: Proposals for Reform,” is a paper written by Thomas P. Sullivan and Maurice Possley, published by Northwestern Law’s Journal of Criminal Law and Criminology. http://bit.ly/2k00Onu Sullivan is a former U.S. Attorney; Possley, a former journalist now with the National Registry of Exonerations.
Five suggested reforms:
(1) substituting for the Brady rule a verifiable open-file pretrial discovery requirement on prosecutors;
(2) instead of invoking harmless error, requiring reversal of convictions if serious prosecutorial misconduct is proven;
(3) identifying errant prosecutors by name in trial and appellate opinions;
(4) providing prosecutors with qualified instead of complete immunity from civil damages for misconduct; and
(5) authorizing the Department of Justice’s Office of Inspector General to handle investigations of alleged misconduct by federal prosecutors.
See http://scholarlycommons.law.northwestern.edu/jclc/vol105/iss4/5/ for the full abstract and article.