Prosecutorial misconduct can be defined as the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury. Prosecutorial misconduct is a procedural defense; via which, a defendant may argue that they should not be held criminally liable for actions which may have broken the law, because the prosecution acted in an "inappropriate" or "unfair" manner. Such arguments may involve allegations that the prosecution withheld evidence or knowingly permitted false testimony. This is similar to selective prosecution.
Arkansas Motion to Dismiss, Quash, or Set Aside due to Abuse of Grand Jury and Prosecutorial Misconduct
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FAQ
THE BRADY RULE A deputy has an affirmative duty to disclose all favorable material evidence on the issue of guilt or punishment possessed by the prosecution team, irrespective of a defense request.
Grand jury subpoenas may be served at any place within the United States. Under Rule 17(g) of the Federal Rules of Criminal Procedure, a failure by a person without adequate excuse to obey a subpoena served upon him or her may be deemed a contempt of the court.
THIS PROCEDURE, USUALLY SET BEFORE TRIAL AND AFTER ARRAIGNMENT, PROVIDES AN OPPORTUNITY FOR PRETRIAL MOTIONS AND OTHER REQUESTS TO BE CONSIDERED BY THE COURT AT ONE PROCEEDING WITH A MINIMUM OF FORMALITY AND FILINGS.
REQUIRING A WITNESS TO INVOKE PRIVILEGE BEFORE GRAND JURY. A grand jury witness may be compelled to invoke his or her Fifth Amendment privilege before a grand jury.
Exculpatory and impeachment evidence is material to a finding of guilt?and thus the Constitution requires disclosure?when there is a reasonable probability that effective use of the evidence will result in an acquittal. United States v. Bagley, 475 U.S. 667, 676 (1985).
Majority View: Exculpatory Evidence Must Go to the Grand Jury. In most states, prosecutors can't present half-truths to grand juries. If prosecutors have strong, credible evidence that points to innocence, they must divulge it.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be ...
While the prosecutor represents the state and has no obligation to present the defendant's side of the story, he has an obligation to present evidence to the Grand Jury that is ?clearly exculpatory.? In order for evidence to satisfy this threshold, it must refute an element of the crime charged.