Is Prosecutorial Misconduct a Product of a “Few Bad Apples,” or is the Barrel Mostly Rotten?

Whenever I read articles dealing with prosecutorial misconduct, I invariably find a statement similar to this: “Most U.S. prosecutors are ethical and try to do the right thing, but there are a few who engage in unethical behavior.” In other words, every barrel has a few rotten apples, but most are just fine.

I used to believe that myself, but no longer. In fact, given what we know about human nature and the functions of boundaries, when prosecutors know that they face no consequences for their own behavior no matter how illegal or despicable it might be, we can expect stories like what recently was posted on this blog.


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