In re: Jeffery Auerhahn
On Appeal from a Memorandum and Order of the United State District Court for the District of Massachusetts.
Brief for Amici Curiae Legal Academics in Support of Petitioner/ Appellant and Reversal of the Decision Below.
INTEREST OF AMICI CURIAE1
Amici Curiae are legal academics, one of whom is a former federal
judge in the District of Massachusetts and two of whom are legal ethicists.
Amici all have backgrounds in professional ethics and/or the administration
of criminal justice. Their interest is in ensuring that the Court’s
consideration of this issue recognizes the fact that prosecutors’ ethical
obligation to disclose exculpatory information is both independent of and
broader than prosecutors’ obligations under the Constitution’s Due Process
Clause. Amici are concerned that, absent robust professional discipline for
clear violations of the ethical duty to disclose information to the defense,
respect for this fundamental duty will be eroded, leading to more wrongful
convictions and compromising the public’s confidence in the justice system...