Prosecutorial Misconduct
Prosecutorial Misconduct - refers to any illegal, unethical, or improper act (or failure to act) by a prosecuting attorney during a criminal case. Because prosecutors are required to seek justice rather than just secure a conviction, misconduct violates a defendant's constitutional right to a fair trial and due process.
1. Withholding Evidence (Brady Violations) - The law requires prosecutors to disclose all "exculpatory" or favorable evidence to the defense—meaning anything that could help prove the defendant's innocence or reduce their sentence. Intentionally or accidentally hiding this information from the defense is a well-known form of misconduct.
2. Presenting False Testimony - A prosecutor cannot knowingly use or allow false testimony or fabricated evidence to be presented in court. This includes coercing witnesses into giving false statements or hiding deals made with testifying informants.
3. Improper Trial Tactic - During a trial, a prosecutor must play by specific rules. Engaging in the following behaviors can constitute misconduct:
Prejudicial arguments: Making inflammatory remarks to the jury, appealing to their emotions, or arguing facts that were never introduced as evidence.
Vouching: Offering the prosecutor's personal opinion regarding the guilt of the defendant or the credibility of a witness.
Unethical Jury Selection - Intentionally discriminating against potential jurors during jury selection (Voir Dire) based on race, gender, ethnicity, or religion is a constitutional violation.
4. Consequences of Misconduct -
Overturning a conviction: Ordering a completely new trial.
Dismissing charges: Throwing out the case entirely, particularly if the misconduct was so severe that a fair trial is no longer possible.
Disciplinary action: Referring the attorney to state bar associations for ethical violations, which can result in suspension or disbarment.
https://innocenceproject.org/news/why-holding-prosecutors-accountable-is-so-difficult/