Campbell v. State

to ete a mous 1

“The sporting theory of justice, the ‘instinct of giving the game fair play’ ”, as Professor Wigmore has put it, “is so rooted in the profession in America that most of us take it for a fundamental legal tenet.” 2 But the will to win, which is ordinarily a commendable attribute, has, because of society’s pressures, too often caused a disproportionate priority to be established in the order of things. Thus, when a prosecutor becomes so obsessed with catching the rats that his concern causes him to “weyveth [the] milk, and flesh” of the law (justice and fair play), either he must…