Arizona Motion to Remedy Prosecutorial Abuse
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FAQ
How could judges act earlier to prevent prosecutorial misconduct? The answer, perhaps surprisingly, is that a trial court could impose minimum training standards for avoiding prosecutorial misconduct. Unless prosecutors complete that training, the judge would not allow them to handle cases in the judge's courtroom.
The most visible exercise of discretion though is in case resolutions, where prosecutors reduce charges, dismiss charges or come to sentencing agreements in an effort to obtain the optimal result.?
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.
Cution to the state, the fairness of the prosecution to the defendant, the likelihood of adverse publicity or political repercussions, and the defendant's importance or position in the community.
In common law, the principle of prosecutorial discretion allows public prosecutors a wide latitude to decide whether or not to charge a person for a crime, and which charges to file. A similar principle in continental law countries is called the principle of opportunity.
Prosecutors exercise unfettered discretion, deciding who to charge with a crime, what charges to file, when to drop the charges, whether or not to plea bargain, and how to allocate prosecutorial resources.
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.
