ABSTRACT
This chapter suggests that understanding the complex role of prosecutors with respect to wrongful convictions can provide important insights into the prosecutor's role. It distinguishes between direct and indirect prosecutorial contributions to wrongful convictions. The chapter provides a taxonomy of regulatory strategies for prosecutors to prevent and correct wrongful convictions. It argues that the optimal approach to addressing the prosecutorial role in wrongful convictions will combine elements of both hard and softer strategies. Using the Canadian experience with wrongful convictions as a case study, the chapter suggests that the use of softer strategies including education, public inquiries and reputational harms can have some success in raising prosecutorial awareness and changing prosecutorial behaviour. At the same time, the Canadian approach can be criticized for not disciplining prosecutors who have played a role in wrongful convictions and for not embracing systemic reforms that may decrease the risk of wrongful convictions but also make prosecutions more difficult.
