Virtually immune from judicial sanction, professional discipline, and civil liability, prosecutors enjoy limitless, unmonitored, and, for the most part, unreviewable power. This power and insulation from review invite abuse and public mistrust, shaking confidence in the criminal justice system. With the system in need of a means of curbing errant prosecutors and restoring public confidence, this Note explores a neglected mechanism of prosecutorial oversight-the superseder power-and argues for increased use of this oversight mechanism, coupled with explicit guidelines for its use and a public review process.
Abby L. Dennis,
Reining in the Minister of Justice: Prosecutorial Oversight and the Superseder Power,
57 Duke Law Journal
Available at: https://scholarship.law.duke.edu/dlj/vol57/iss1/3