PROSECUTORIAL ACCOUNTABILITY:
HOW THE COURTS AND LEGISLATURE PROTECT PROSECUTORS FROM ACCOUNTABILITY FOR VIOLATION OF LAWS, ETHICAL RULES & CITIZEN’S RIGHTS - By Judge Stan Billingsley (Ret.)
Judge
Billingsley’s new book discusses our non-functioning system for ethics
accountability for federal and state prosecutors. This book details how
the courts have created exceptions to constitutional rights by a
misreading of the Harmless Error Rule, by creation of the Admonition
Presumption, and by technical appellate rules. These appellate rulings
have empowered prosecutors and immunized them from accountability.
This book suggests how the playing field may be leveled.
It is hoped that this book will have a positive Hawthorne Effect. (The Hawthorne effect is a theory that subjects who are being studied ,improve their behavior simply by being observed.)
Louisville Criminal Defense Attorney Frank Mascagnii III says:
- “This book provides a much needed and long overdue resource for every real criminal defense lawyer in Kentucky. Buy it, order extra copies for your fellow warriors at the defense bar, read it, cite it and use it in every case where you are called upon to act to defend your client…
Judge L.J. Todd Hollenbach III (Ret.) and former Commonwealth’s Attorney says:
- Judge Stan Billingsley’s treatise on Prosecutorial Accountability provides a thoughtful insight and historic background for discussing the creation of a Prosecutors’ Conduct Review Commission in the Commonwealth of Kentucky. I applaud his efforts.
Former Chase Law School Professor Martin Huelsmann says:
- The issues the judge discusses are of particular importance to the Commonwealth of Kentucky… Personally, if a case is reversed on the basis of prosecutor misconduct I would have the prosecutor pay the cost of the defense when he commits prosecutor misconduct from his personal checking account and preclude reimbursement from his employer.
Prosecutors do not have a batting average like a baseball player. Or have a
shooting average like a basketball player. Prosecutors should do justice at all
costs.
Perhaps Judge Billingsley has sent a message to the Supreme Court, Kentucky Bar
Association, the prosecutors, and to all the people in the Commonwealth of
Kentucky
Somerst Criminal Defense Attorney Brenda Popplewell says:
- This book is a call to action for prosecutors who have the will to do better; a call to action for defense attorneys to aggressively and thoroughly represent their clients; and a call to action for all of us to hold accountable those prosecutors who lack the will to do justice. I think this book should be required reading for all defense attorneys.
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