Professor Gershman critically examines a series of recent Supreme Court decisions dealing with prosecutorial misconduct. In each case, the Court reversed the lower court and reinstated the conviction.
There are a broad range of issues involved; from suppression of evidence to trial misconduct. As a former prosecutor in New York City, the author is forced to conclude that, "Prosecutorial misconduct occurs because it works and because sanctions for misbehavior are virtually nonexistent."
Bennett l. Gershman, The Burger Court and Prosecutorial Misconduct, 21 Crim. L. Bull. 217 (1985), available at http://digitalcommons.pace.edu/lawfaculty/943/.