Prosecutorial

To show that prosecutorial misconduct requires dismissal of the indictment or a mistrial, the defendant usually has to show that the prosecutor willfully engaged in misconduct and that the misconduct prejudiced the defendant.

If a prosecutor files such a case and the charges are dismissed, the defendant can sue for malicious prosecution and seek financial damages. The law that allows a malicious prosecution suit is aimed at preventing and addressing abuse of the legal process.

Four types of prosecutorial misconduct are offering inadmissible evidence in court, suppressing evidence from the defense, encouraging deceit from witnesses, and prosecutorial bluffing (threats or intimidation).

Require open file discovery. Adopt standardized, rigorous procedures for dealing with the government's disclosure obligations. Adopt standardized, rigorous procedures for eyewitness identification. Video record all suspect interrogations.

Unethical Prosecutors are Never Prosecuted A prosecutor's refusal to reveal exculpatory evidence may be immoral, unethical and illegal and it may result in the imprisonment or death of innocent individuals but the unethical prosecutor is never prosecuted.

Making statements to the media that prejudice the jury pool. Engaging in improper plea-bargaining for example, convincing a defendant to plead guilty through false promises or misrepresentations about the existence of incriminating evidence. Failing to turn over exculpatory evidence. Tampering with evidence.

Prosecutorial misconduct occurs when a prosecutor breaks a law or a code of professional ethics in the course of a prosecution.First and foremost, it is the prosecutor's job to seek justice and present the judge and jury with facts and legal arguments that result in the conviction of the guilty defendant.