Louisiana Motion to Remedy Prosecutorial Abuse

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State:
Multi-State
Control #:
US-00810
Format:
Word; 
Rich Text
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Description

This form is a detailed sample motion to remedy prosecutorial misconduct related to published remarks of a prosecutor. Defendant requests various sanctions against prosecutor including his recusal. Citing state and federal law, as well as rules of professional conduct for support. Adapt to fit your circumstances.
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FAQ

Prosecutorial Misconduct Bringing criminal charges in bad faith without realistic hope of winning a conviction, such as retaliation against whistleblowers, non-cooperative witnesses, and political rival. Making statements to the media that prejudice potential jurors and taint the jury pool.

Prosecutorial misconduct is conduct which violates court rules or ethical standards of law practice. Washington's Rules of Professional Conduct (RPC's), court rules and case law govern how Prosecutors manage their cases. For example, RPC 3.4, disallows prosecutors from stating their personal opinions at trial.

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.

Police and other law enforcement agencies anywhere in the state can find out about an order by checking a computerized registry of orders.

Some Examples Include: Evidence tampering. Failing to admit evidence that exonerates the defendant. Practices like entrapment or pressuring a person to commit a crime. Inducing a plea bargain through threat or unfounded assurances. Intentionally presenting false evidence or witness testimony that's factually untrue.

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.

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Louisiana Motion to Remedy Prosecutorial Abuse