This chapter examines how the rules of professional conduct for lawyers have failed to monitor and give guidance to prosecutors. It also addresses the following question: Do the disciplinary rules that govern attorney conduct provide sufficient guidance to prosecutors or adequate bases for holding prosecutors accountable for misconduct? The only rule that specifically addresses the conduct and behavior of prosecutors is Model Rule 3.8: Special Responsibilities of a Prosecutor. The Ethics 2000 Commission recommended no substantive changes to Model Rule 3.8 and only one substantive change to the rule's comment. This change resulted in fewer restrictions on prosecutorial behavior than the original rule. The chapter says that there must be a multifaceted approach to reform of the prosecutorial function. Reform of the disciplinary rules and process for prosecutors is just one method of promoting greater accountability for prosecutors.
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