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University of the Southwest Prosecutors and Ethics Paper

University of the Southwest Prosecutors and Ethics Paper

Question Description

Analyze Prosecutors and Ethics video. Considering the chapter readings, which American Bar Association (ABA) standard addresses prosecutorial conflicts of interest? What factors contribute towards potential conflicts of interest, and in this case, which factor dominated Mosby’s decision? Explain and identify the United States Supreme Court case(s) that serve to govern or regulate a District Attorney’s actions in the courtroom then reflecting on the combined textbook concepts and video lectures, submit a One-Page Double Spaced (include any applicable chapter concepts or landmark cases to support your positions and make sure to include properly formatted APA in-text citations and references.

Video Transcript:

>> The district attorney is investigating.

>> Attorneys for the Baltimore officers charged in the death of Freddie Gray want the city’s prosecutor, Marilyn Mosby, to step down immediately. Now there is this new motion filed just last night that objects to Mosby’s continued involvement, spelling out five conflicts of interest. One of them, her friendship with an attorney for the victim’s family or at least his support for her. And CNNs Sarah Sidner is live in Baltimore with the latest for us this morning. Sara.

>> Good morning Victor. Yeah. I mean, when you look at this 109-page document, there’s a lot in it but essentially about five different things, all of them having to do with conflicts of interest that they allege that Ms. Mosby has as the state’s attorney. Some of them include the relationship with her own husband, Nick Mosby, who was a council member who lives in that district and represents that district. She also lives in the district. They’re saying that there is financial and personal gain, political gain for him in that she is now prosecuting the case and his constituents wanted that to happen, wanted those charges to go forward. There is also an allegation that she has personal relationships with some of the potential witnesses, that her office, indeed, investigated this case as well. And there is — the last one that her relationship with the attorney who represents Freddie Gray’s family, that she has a personal relationship with the attorney, that he is a former attorney of hers and that creates a conflict. All of these things coming out. Some of them we heard before because the police union also mentioned a couple of these things early on. But this is all about the process. We should have expected something like this to go forward just judging from what the Police Association says. This is the defense starting its case, if you will, trying to find its place and start a case looking at how it can defend these six police officers who are charged in the death of Freddie Gray. We ended up talking to Ms. Mosby about all of these allegations, at least a few of them, some of these conflicts. We talked to her on Sunday after the Police Association made their stance on this and here’s what she had to say.

>> There is no conflict of interest. I mean, I’m going to prosecute. I’m the Baltimore city state’s attorney. My jurisdiction covers every district in Baltimore city. I have — there’s a number of crimes that take place in Baltimore city and, unfortunately, in the district that we live. Where is the conflict?

>> Yeah.

>> Would I have to take myself away from every case or crime that takes place in West Baltimore? That makes absolutely no sense.

>> And we should be clear that Marilyn Mosby will likely not try this case herself. It will be the veteran prosecutors in her office who have done many, many trials in the past. But, you know, at this point this is the allegation going forward, and she’ll have to answer this in court. Victor.

>> All right. Sara Sidner, live for us in Baltimore. Sara, thank you.

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