The Yale Law Journal Online: “The Myth of Prosecutorial Accountability After Connick v. Thompson: Why Existing Professional Responsibility Measures Cannot Be Protected After Prosecutorial Misconduct” and “When Machines Are Watching: How Warrantless Use of GPS Surveillance Technology Violates the Fourth Amendment Right Against Unreasonable Searches”

This month The Yale Law Journal Online published two new pieces: The Myth of Prosecutorial Accountability After Connick v. Thompson: Why Existing Professional Responsibility Measures Cannot Be Protected After Prosecutorial Misconduct and When Machines Are Watching: How Warrantless Use of GPS Surveillance Technology Violates the Fourth Amendment Right Against Unreasonable Searches.

In The Myth of Prosecutorial Accountability After Connick v. Thompson: Why Existing Professional Responsibility Measures Cannot Be Protected After Prosecutorial Misconduct, four Yale Law School students—David Keenan, Deborah Jane Cooper, David Lebowitz, and Tamar Lerer—address the issue of prosecutorial accountability in the wake of Connick v. Thompson, a recent Supreme Court case overturning a $14 million jury verdict awarded to a man who spent fourteen years on death row after prosecutors withheld key exculpatory evidence during his trial. The Court based its decision to overturn in part on the availability of other measures to check prosecutorial misconduct, including state professional disciplinary procedures. Keenan, Cooper, Lebowitz and Lerer challenge this presumption by undertaking a detailed analysis of these procedures in all fifty states. They demonstrate that these measures are ineffective tools for accountability and recommend several strategies for strengthening professional conduct rules and grievance procedures to deter and sanction prosecutorial misconduct.

In When Machines Are Watching: How Warrantless Use of GPS Surveillance Technology Violates the Fourth Amendment Right Against Unreasonable Searches, Priscilla J. Smith, Nabiha Syed, David Thaw, and Albert Wong examine the relationship between law enforcement’s use of GPS surveillance technology and the Fourth Amendment’s warrant requirement in anticipation of the Supreme Court’s upcoming consideration of United States v. Jones (oral argument to take place on November 8th). The authors argue that the Court must consider the impact of new surveillance technology on traditional privacy analysis as well as the potential for such technology to be abused. They ultimately conclude that the warrant rule should be applied to the law enforcement use of GPS surveillance technology.

Please visit The Yale Law Journal website to read the latest YLJ Online Essays and to view print content in an electronic format.

 

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