Injustice for All with Robert Simels

The Ugly Truth About Prosecutorial Misconduct


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In this episode of 'Injustice For All', host Robert interviews Bennett Gershman, a distinguished professor of law at Pace Law School and an expert on prosecutorial misconduct. They delve into topics including the systemic failures in the criminal justice system, the power and discretion of prosecutors, the Brady rule on disclosing exculpatory evidence, and the complacency and error within the prosecutorial ranks. Gershman, reflecting on his prosecutorial career and academic work, emphasizes the ethical challenges faced by prosecutors and the frequent miscarriages of justice. They also discuss the Ghislaine Maxwell case and its connection to the precedent set by Bel v. New York, highlighting issues in plea agreements and victims' rights. Gershman critiques the lack of accountability and discipline for prosecutors and warns of the broader implications on democracy and ethics in the legal system.


00:00 Introduction and Overview

00:21 Meet Bennett Gershman: A Legal Luminary

01:13 Prosecutorial Misconduct: An In-Depth Discussion

01:36 The Ghislaine Maxwell Case and Plea Agreements

02:48 Bennett Gershman's Career and Contributions

04:05 The Challenges and Ethics of Being a Prosecutor

05:29 The Importance of Prosecutorial Integrity

10:18 The Role of Prosecutors in Miscarriages of Justice

11:41 The Power and Accountability of Prosecutors

17:31 Brady Violations and the Harmless Error Rule

32:36 The Influence of Judges and Prosecutors

34:44 The Imbalance in the Criminal Justice System

37:27 The Collapse of the System and Plea Bargains

39:11 The State of Prisons and Incarceration Conditions

40:41 Wrongful Convictions and Exonerations

43:43 Prosecutorial Misconduct and Legal Failures

48:41 The Impact of Political Influence on the Legal System

50:24 Strategic Litigation and Free Speech

57:53 The Erosion of Voting Rights and Democracy

59:33 Ghislaine Maxwell's Case and Victims' Rights

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Injustice for All with Robert SimelsBy Robert Simels