FINAL Flashcards
What is the holding (and famous quote) from Berger v. United States?
Holding: Prosecutorial misconduct is enough to prejudice the jury and result in a new trial.
Quote: “The government’s interest in criminal cases is not to win cases, but to ensure justice is served.”
Can a lawyer communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in that same matter?
Generally, i.e. with no authorization from the lawyer or a court order, no.
(MRPC 4.2)
When can a lawyer to communicate about the subject of the matter with another person in the matter whom the lawyer knows has other representation?
When they have either received authorization from the other person’s lawyer, or if they have received a court order.
(MRPC 4.2)
Is the MRPC 4.2 rule prohibiting communicating with others with representation limited to only opposing parties?
No- it is ANY PERSON in the matter who has representation. Thus, this includes witnesses, experts, police officers, etc
What are the interests prosecutors must balance when seeking confidential information from members of the news media?
Protecting national security and ensuring public safety, while also safeguarding the essential role of the free press
What is the general process of issuing a subpoena to a member of the news media for a US Attorney?
They must receive permission from the Attorney General, which they get by pleading all facts necessary for why they are targeting a person in the press.
Can a US Attorney issue a subpoena to a member of the news media themselves if they are not seeking information related to newsgathering activities?
Yes; if you’re just subpoenaing someone who works in news media because they may have information for your case in their capacity as a civilian and not a journalist, you don’t need approval from the attorney general.
What interests must be balanced when determining whether to issue a subpoena to an attorney for information relating to the attorney’s representation of a client?
A balance between an individual’s right to the effective assistance of counsel and the public’s interest in the fair administration of justice and effective law enforcement.
