Sham Subpoenas and Prosecutorial Ethics

Authors

Ira Robbins, American University Washington College of LawFollow

Document Type

Article

Publication Date

1-1-2021

Volume

58

Issue

1

Abstract

Prosecutors are given broad freedom to conduct their investigations through-out the grand jury process; their power is not without legal and ethical limits, however. For example, courts have discretion to quash subpoenas that have been issued without a proper purpose. Unlike law enforcement officials who may use deceptive tactics throughout an investigation, prosecutors are subject to professional rules of responsibility. All lawyers are subject to some variation of Rule 4.2 of the Model Rules of Professional Responsibility—the No-Contact Rule—which prohibits a lawyer from communicating with a represented individual. Prosecutors, however, have escaped the Rule’s reach by communicating with represented individuals through the use of undercover informants.

Recommended Citation

Ira Robbins, Sham Subpoenas and Prosecutorial Ethics, 58 American Criminal Law Review (2021).
Available at: https://digitalcommons.wcl.american.edu/facsch_lawrev/1937