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You are here > OUR MAIN - LAW DIGEST INDEX > Prosecutorial Accountability Book Info

 lawReader Press Announces an exciting new book by LawReader Senior Editor Stan Billingsley.  Prosecutorial Accountability :  How the Courts and Legislature Protect Prosecutors from Accountability for Violations of Laws, Ethical Rules & Citizen’s Rights

This is the one law book you should buy this year. Order form at bottom of this page.
 
 
Judge Billingsley’s new book discusses our non-functioning system for ethics accountability for federal and state prosecutors. This book details how the courts have created exceptions to constitutional rights by a misreading of the Harmless Error Rule, by creation of the Admonition Presumption, and by technical appellate rules. These appellate rulings have empowered prosecutors and immunized them from accountability.   This book suggests how the playing field may be leveled. 
 
It is hoped that this book will have a positive Hawthorne Effect.  (The Hawthorne effect is a theory that subjects who are being studied ,improve their behavior simply by being observed.)
 
Louisville Criminal Defense Attorney Frank Mascagnii III says:
 
  • This book provides a much needed and long overdue resource for every real criminal defense lawyer in Kentucky. Buy it, order extra copies for your fellow warriors at the defense bar, read it, cite it and use it in every case where you are called upon to act to defend your client…
 
Judge L.J. Todd Hollenbach III (Ret.) and former Commonwealth’s Attorney says:
 
  • Judge Stan Billingsley’s treatise on Prosecutorial Accountability provides a thoughtful insight and historic background for discussing the creation of a Prosecutors’ Conduct Review Commission in the Commonwealth of Kentucky. I applaud his efforts.
 
Former Chase Law School Professor Martin Huelsmann says:
 
  • The issues the judge discusses are of particular importance to the Commonwealth of Kentucky… Personally, if a case is reversed on the basis of prosecutor misconduct I would have the prosecutor pay the cost of the defense when he commits prosecutor misconduct from his personal checking account and preclude reimbursement from his employer. 
            Prosecutors do not have a batting average like a baseball player. Or have a
           shooting average like a basketball player. Prosecutors should do justice at all
           costs.
 
           Perhaps Judge Billingsley has sent a message to the Supreme Court, Kentucky Bar
           Association, the prosecutors, and to all the people in the Commonwealth of
           Kentucky
 
 
Somerst Criminal Defense Attorney Brenda Popplewell says:
 
  • This book is a call to action for prosecutors who have the will to do better; a call to action for defense attorneys to aggressively and thoroughly represent their clients; and a call to action for all of us to hold accountable those prosecutors who lack the will to do justice. I think this book should be required reading for all defense attorneys.
 
See Order Form below
 
(Cover)
 
PROSECUTORIAL ACCOUNTABILITY:
 
HOW THE COURTS AND LEGISLATURE PROTECT PROSECUTORS FROM ACCOUNTABILITY FOR VIOLATION OF LAWS, ETHICAL RULES & CITIZEN’S RIGHTS  - By Judge Stan Billingsley (Ret.)
______________________
 
“ The prosecutor has more power over life, liberty, and reputation than any other person in America.” —United States Attorney General and Supreme Court Justice Robert H. Jackson
 
"Power tends to corrupt, and absolute power corrupts absolutely.” Lord Acton, in a letter to Bishop Mandell Creighton, 1887.
                                                                                                                                                                               
                                                 By Judge Stan Billingsley (Ret.)
                                                  
    
  • The scales of justice are being increasingly tilted by the courts to favor the prosecutor and government at the expense of citizen’s constitutional rights.
 
  • In this book Judge Billingsley examines the rulings of the courts which have created this growing imbalance of power, and suggests remedies for restoring the constitutional protections found in our Federal and State Constitutions. 
·         Virtually immune from judicial sanction, professional discipline, and civil liability, prosecutors enjoy limitless, unmonitored, and, for the most part, unreviewable power. This power and insulation from review invite abuse and public mistrust, shaking confidence in the criminal justice system.” Duke Law Journal - 57 Duke L. J. 131
 
  • “…acts of moral turpitude and constitutional transgression (by prosecutors) are routinely ignored by the Courts and ethics authorities.” ProsecutorialMisconduct.blogspot.com
 
  • The growth of unchecked power of prosecutors is shockingly expressed by the following comments of three Justices of the Kentucky Supreme Court who voted to create absolute immunity for acts of Kentucky Prosecutors in a 1994 ruling:
 
             “…the public interest in the unflinching enforcement of the law must prevail over the private interest of a wronged citizen.”
 
            “The… (prosecutor’s immunity from civil claims for malicious prosecution)  … is absolute. It protects the public prosecutor against inquiry into his motives, and  from liability, even though he knows that he has no probable cause for the institution of the proceedings and initiates them for an altogether improper purpose.”
 
  • This book provides a much needed and long overdue resource for every real  criminal defense lawyer in Kentucky. Buy it, order extra copies for your fellow warriors at the defense bar, read it, cite it and use it in every case where you are called upon to act to defend your client… Louisville AttorneyFrank Mascagni, III
 
                                   TOPICS DISCUSSED IN THIS DETAILED STUDY
 
 
index – table of contents
 page
 ILLUSTRATIVE QUOTES
1
INTRODUCTION
 
INTRODUCTION
4
PROSECUTORIAL MISCONDUCT AND CONSTITUTIONAL REMEDIES
10
innocence project case files
10
WHAT about those cases which violate the Code of Professional Conduct?
11
Prosecutorial Misconduct- Definition
12
prosecutorial misconduct standards
12
appellate review OF PROSECUTORIAL MISCONDUCT
14
Criminal prosecution of Prosecutor
15
JUDGES DO NOT HAVE THE “FREE PASS” GIVEN TO PROSECUTORS
15
COURTS FREQUENTLY MAKE FINDINGS OF PROSECUTORIAL MISCONDUCT BUT THEN IGNORE IT
18
Authority for Sanctions against Prosecutor Exist but are rarely applied
20
The KBA Inquiry Commission and Bar Counsel
20
WHO CAN BRING AN ETHICS COMPLAINT AGAINST PROSECUTOR?
21
THE kba’s MISGUIDED  CLOAK OF SECRECY PROTECTS THE GUILTY as much as THE INNOCENT-THE PUBLIC SUFFERS
22
Canon Three of Code of Judicial Conduct
28
U.S. Attorney General Acknowledges Prosecutorial Misconduct
30
Criminal Caseload in Kentucky
31
Courts Protect Prosecutors - Example “Send A Message” Argument
32
The “Harmless Error Rule” – HAVE THE COURTS MISREAD CHAPMAN?
33
AUTHORITY FOR PLACING BURDEN ON COMMONWEALTH TO PROVE ERROR WAS NOT HARMLESS
34
Berger v. U.S. is one of the leading cases cited on Prosecutorial Misconduct
39
Justice department’s office of professional responsibility
41
Appealate Review Standards for Prosecutorial Misconduct
41
Suggested Remedies to provide accountability
43
good science is a missing component in our criminal justice system – “THE SCIENTIFIC METHOD”
45
LEXICON OF UNWRITTEN RULES AND PRACTICES
49
prosecutors
 
role and power of the prosecutor
53
dual role of prosecutor
53
61 examples of prosecutorial misconduct
54
LEAVE ‘EM HANGING IN LIMBO SLOWLY TWISTING IN THE WIND
58
egregious example of prosecutorial misconduct
61
THE FISCHER HOMES CASE IS A CHILLING EXAMPLE OF PROSECUTORIAL MISCONDUCT
62
66
State Ethics Rules Now Apply to Federal Prosecutors
70
THE ETHICS CODE FOR PROSECUTORS IMPOSES GREATER DUTIES THAN COURT RULINGS OR PROCEDURAL RULES RE: DISCLOSURE OF EXCLUSIONARY EVIDENCE
71
immunity of prosecutors FROM CIVIL LIABILITY
74
IMBLER RECOGNIZES STATES RIGHT TO DISBAR PROSECUTORS FROM IMPROPER ACTS
75
NINTH CIRCUIT DENIES ABSOLUTE IMMUNITY TO U.S. ATTORNEY GENERAL ASHCROFT
87
KENTUCKY’S HISTORICAL BASIS FOR ONLY ALLOWING QUALIFIED IMMUNITY FOR PROSECUTORS.
94
chronological timeline History of the Absolute Immunity for Prosecutors Rule in Kentucky
101
ABSOLUTE IMMUNTY FOR PROSECUTORS WAS FIRST GRANTED IN KENTUCKY IN 1994
114
Jural Rights Doctrine may Void Absolute Immunity for Prosecutors
116
“BIVENS SUIT” FOR DAMAGES ALLOWED AGAINST PROSECUTOR
117
Federal Court Allows Civil Suit Against Prosecutor To Continue
119
civil claim standards for malicious prosecution
124
statutory compensation for victims of malicious prosecution
131
THE BOARD OF CLAIMS MAY or MAY NOT PROVIDE CIVIL RELIEF
133
recusal of prosecutor - PROCEDURES FOR REMOVAL OF PROSECUTOR
135
rating scale of prosecutorial misconduct with possible sanctions
136
Why do Honest Prosecutors Engage In Misconduct?  
138
PROSECUTORIAL MISCONDUCT AND CONSTITUTIONAL REMEDIES –WASHINGTON UNIVERSITY LAW QUARTERLY
139
141
VINDICTIVE PROSECUTION
143
THE PLEA BARGAINING PROCESS INVITES ABUSE
147
Incorrect representations of parole eligibility repeatedly claimed on appeal – THIS COULD EASILY BE FIXED
148
current system for accountability review
 
existing system of accountability review
152
kba inquiry commission AND BAR COUNSEL – DENIAL OF INFORMATION TO AUTHOR OF THIS BOOK
157
U.S. justice department accountability
164
civil sanctions against prosecutors
165
uniform prosecutors system
166
intervention of attorney general in local prosecution
168
executive branch code of ethics
170
duty to report- old rule vs. new rule
172
PROSECUTORS CAN BE CRIMINALLY PROSECUTED FOR CERTAIN ACTS OF PROSECUTORIAL MISCONDUCT 
173
KBA COMPLAINT FORM FOR REPORTING VIOLATIONS OF CODE OF PROFESSIONAL CONDUCT
179
KY. HAS NO LAW PROVIDING FOR COMPENSATION OF PERSONS WRONGFULLY IMPRISONED
182
DUTY of JUDICIARY to assure accountability
185
      role of courts in providing accountability review
 
duty to report violations of code of professional conduct
185
HOW THE COURTS EMPOWER PROSECUTORS -STATISTICS
187
study of ALL court of appeals prosecutorial misconduct cases FOR 2008
188
study of KY. SUPREME court “send a message” closing argument cases - 1999 TO 2009
197
harmless error – DISCUSSION OF THE LAW
202
nATIONAL STUDY OF HARMLESS ERROR
209
Golden rule-THE COURT SCOLDS BUT NEVER SLAPS ANY WRISTS
214
admonishments - PSYCH. STUDY SUGGESTS ADMONISHMENTS DON’T WORK
219
technical appellate rules
223
appellate review standards for prosecutorial misconduct
225
THE EVER EXPANDING LIST OF exceptions to constitutional rights
233
demise of the exclusionary rule
239
            
 DEFENSE LAWYERS ARE A PART OF THE PROBLEM
 
 
defense counsel errors
244
A PLAN TO ENHANCE ETHICS AND ACCOUNTABILITY
 
proposal for creation of prosecutor’s conduct commission
248
oTHER STEPS THAT SHOULD BE TAKEN TO ENHANCE ACCOUNTABILITY
251
A NATIONAL PROBLEM EXISTS…
 
lack of PROSECUTORIAL accountability is a national problem 
257
ABOUT THE BOOK
 
about the author
272
our thanks to lawreader
273
            
ORDER FORM
 
Copies of this book may be purchased from LawReader, Inc.
 
$40.00 – U.S. Postage and handling included
 
Lawreader. Inc.
314 7th. St.
Carrollton, Ky. 41008
 
Phone – (502) 732-4617
 

Please mail your check to LawReader Inc. and include below your shipping address.
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