Prof. Ellen Yaroshefsky Quoted on DOJ’s Stance on Post-Conviction Prosecutor Rule in Law360

Official photo of Hofstra Law faculty member Ellen Yaroshefsky, the Howard Lichtenstein Distinguished Professor of Legal Ethics and Executive Director of the Monroe H. Freedman Institute for the Study of Legal Ethics

DOJ Bucks Trend on Protections Against Wrongful Convictions
By Andrew Strickler
Feb. 3, 2019

The DOJ opposition in Michigan follows similar opposition from U.S. attorneys in states including Arizona, Illinois, California and Tennessee, all of which ultimately adopted the rule.

That stance is increasingly out of step with the legal community’s more progressive attitude towards “actual innocence” investigations, Yaroshefsky said, and isn’t supported by the experiences of prosecutors in states that do have the enhanced rule.

“And yet the DOJ persists,” she said. “The DOJ has a lot of clout, and when a U.S. attorney comes into this discussion in a state, representing a powerful arm of the federal government, it’s taken very seriously.”

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