A Primer on Prosecutorial Ethics, Brady v. Maryland, and Beyond

A Primer on Prosecutorial Ethics, Brady v. Maryland, and Beyond

Robert C. Phillips

DDA (Ret.)

April, 2021

“(A prosecutor) . . . is not a neutral, he is an advocate; but an advocate for a client whose business is not merely to prevail in the instant case.  (The prosecutor’s) . . . chief business is not to achieve victory but to establish justice. . . . ‘(T)he Government wins its point when justice is done in its courts.’”[1]

Indeed, the United States Supreme Court pointedly held over eight decades ago that a prosecutor;

“. . . is the ....

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