California Western Law Review Volume 38 Number 1 Article 8 2001 It is Not Whether You Win or Lose, It is How You Play the Game: Is the Win-Loss Scorekeeping Mentality Doing Justice for Prosecutors? Catherine Ferguson-Gilbert Follow this and additional works at: https://scholarlycommons.law.cwsl.edu/cwlr Recommended Citation Ferguson-Gilbert, Catherine (2001) "It is Not Whether You Win or Lose, It is How You Play the Game: Is the Win-Loss Scorekeeping Mentality Doing Justice for Prosecutors?," California Western Law Review: Vol. 38 : No. 1 , Article 8. Available at: https://scholarlycommons.law.cwsl.edu/cwlr/vol38/iss1/8 This Comment is brought to you for free and open access by CWSL Scholarly Commons. It has been accepted for inclusion in California Western Law Review by an authorized editor of CWSL Scholarly Commons. For more information, please contact
[email protected]. Ferguson-Gilbert: It is Not Whether You Win or Lose, It is How You Play the Game: I IT IS NOT WHETHER YOU WIN OR LOSE, IT is How You PLAY THE GAME: IS THE WiN-Loss SCOREKEEPING MENTALITY DOING JUSTICE FOR PROSECUTORS? Catherine Ferguson-Gilbert" My job is to play a game. I have a rule book to guide me but its terms are vague. Scholars debate what the terms mean but are unable to come to a resolution. Thus, I define the terms myself in the same manner as other play- ers who are in different positions on different teams. At the very least, the terms mean that I must win because no one would pay me to lose.