Changes to the Culture of Adversarialness: Endorsing Candor, Cooperation and Civility in Relationships between Prosecutors and Defense Counsel

Authors

Lissa Griffin
Stacy Caplow

Abstract

The newest revision of the influential ABA Standards for the Prosecution and Defense Function recognizes the changing practices and attitudes in today's criminal justice system. Placing even more responsibility on prosecutors than past versions, the proposed Standards require prosecutors to be problem-solvers and reformers who consult and cooperate with defense counsel when engaging in both routine and systemic matters. These changes signal new responsibilities for prosecutors that call for more than lip service to their role as administrators of justice. Candor, cooperation and civility are now explicit values that should pervade all dealings between prosecutors, defense lawyers and courts.

Recommended Citation

Lissa Griffin and Stacy Caplow, Changes to the Culture of Adversarialness: Endorsing Candor, Cooperation and Civility in Relationships between Prosecutors and Defense Counsel, 38 Hastings Const. L.Q. 845 (2011).
Available at: https://repository.uclawsf.edu/hastings_constitutional_law_quaterly/vol38/iss4/3