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.
Hawaii Motion to Dismiss, Quash, or Set Aside due to Abuse of Grand Jury and Prosecutorial Misconduct
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US-02614BG
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Rule 48 - Dismissal (a) By prosecutor. The prosecutor may by leave of court file a dismissal of a charge and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant.
While a regular grand jury primarily decides whether to bring charges, a special grand jury is called into existence to investigate whether organized crime is occurring in the community in which it sits. This could include, for instance, organized drug activity or organized corruption in government.
A constant criticism of the grand jury system is that the jurors lack legal knowledge, so they cannot decide if there is enough evidence for an indictment.
There are two types of juries serving different functions in the federal trial courts: petit juries and grand juries.
When a person is indicted in a criminal court in the United States, it means that a grand jury composed of residents chosen at random believed there was enough evidence to charge that person with a crime.
The Grand Jury's Decision and a Prosecutor's Discretion At least 16 (out of 23) grand jurors must be present for a vote, and a unanimous decision is not required. At least 12 members must concur to indict a defendant under the Federal Rules of Criminal Procedure.
Georgia grand jury recommended charges for 21 additional Trump allies in election case. A report reveals a special grand jury in Georgia recommended charges for twice as many people than the 19 ultimately indicted for efforts to overturn the 2020 election.
At first the grand jury was chosen for this task because the grand jurors themselves were the ones who knew of criminal activity in the community. Once assembled, however, the grand jurors soon realized that they could use their powers to prevent the government from prosecuting persons for political purposes.