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Some common examples of prosecutorial misconduct, things that have happened in prior cases and have resulted in convictions being overturned: One example is if the prosecutor is personally vouching for the truth of certain witnesses, trying to convince the jury that the prosecutor somehow knows who's telling the truth ...
1. What are the four main types of prosecutorial misconduct? failure to disclose exculpatory evidence, introducing false evidence, using improper arguments, and. discriminating in jury selection.
Prosecutorial misconduct can take many forms. The most well-publicized type of misconduct involves the withholding of potentially exculpatory evidence, in violation of the U.S. Supreme Court case, Brady v. Maryland. It can also encompass the exclusion of people of color from juries, in violation of Batson v.
Examples of prosecutorial misconduct involving improper arguments include: Asserting facts that are not in evidence. Misstating laws. Vouching for the credibility of a witness. Mischaracterizing evidence. Discriminating in jury selection. Interfering with a defendant's Constitutional rights. Failing to train subordinates.
Another form of misconduct that can lead to the dismissal of a case is when the prosecutor makes false or misleading statements in court. This can include knowingly presenting perjured testimony, or making statements that are not based on evidence or are intended to mislead the jury.