My essay examines one of the most iconic decision of the Supreme Court seventy five years later. Berger v. United States is the most eloquent and authoritative description of the prosecutor's duty "not that it shall win a case but that justice shall be done." My essay looks at why the Court decided to take up the case then, and why it has become so prominent in criminal law and ethics.
Bennett L. Gershman, “Hard Strikes and Foul Blows”: Berger v. United States 75 Years After, 42 Loy. U. Chi. L.J. 177 (2010), available at http://digitalcommons.pace.edu/lawfaculty/657/.