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.
District of Columbia Motion to Dismiss, Quash, or Set Aside due to Abuse of Grand Jury and Prosecutorial Misconduct
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FAQ
Judgment - The official decision of a court finally determining the respective rights and claims of the parties to a suit. jurisdiction - (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case.
Whether a defendant requests a jury or a judge to decide their fate when they proceed to trial impacts their conviction rate. Juries tend to acquit 14% of the defendants that come before them. Judges issue acquittals in at least 38% of the cases that they decide.
In Arizona, a grand jury shall consist of at least twelve, but not more than sixteen persons, nine of whom constitute a quorum for all proceedings before it (A.R.S. § 21-404). The selection process is overseen by the presiding judge of the county, who chooses prospective jurors from a pool of eligible citizens.
?Dismissed to the grand jury,? for example, doesn't mean your case is dropped and you can go on your merry way. The phrase means the prosecution is presenting its case in secret to a grand jury, which will decide if enough evidence exists to charge you with a crime, instead of using the preliminary hearing procedure.
If the Grand Jury delivers an indictment, a judge may issue either a summons ordering the defendant to appear in court or an arrest warrant authorizing law enforcement agencies to arrest the defendant.
A grand jury indictment doesn't mean someone is guilty of a crime. The defendant still has the right to argue their case at trial. In district court, the prosecution must prove their case beyond a reasonable doubt ? a much higher standard than probable cause, for a guilty verdict.