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Topic: Prosecutorial misconduct

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	Prosecutorial Misconduct - The Advocate: March 2001 (Site not responding. Last check: 2007-10-21)
		Prosecutorial misconduct is an ongoing cancer, metastasized, stamped out here and there only to appear again and again with devastating effects on our citizens.
		To establish prosecutorial misconduct for the Commonwealth's failure to correct perjured testimony at trial the defendant must show: (1) the statement was actually false; (2) the statement was material; and (3) the prosecution knew it was false.
		Retrial upon reversal due to prosecutorial misconduct is not barred by double jeopardy: "In short, reversal for trial error, as distinguished from evidentiary insufficiently, does not constitute a decision to the effect that the government has fair chance to prove its case.
	dpa.state.ky.us /library/advocate/mar01/miscond.html (7119 words)

	Prosecutorial Misconduct in Capital Cases in the Commonwealth of Kentucky: A Research Study (1976-2000) - The Advocate: ... (Site not responding. Last check: 2007-10-21)
		The problem of prosecutorial misconduct in capital cases in Kentucky was initially put in its theoretical perspective by addressing the role of the prosecutor in a combined conceptual and legal context in order to establish the normative baselines against which prosecutorial misconduct was being measured and evaluated.
		One constructive approach to the definition of prosecutorial misconduct is to treat the concept as not having a fixed meaning, but as one whose categories are inexhaustive, varying with the particular facts and circumstances of each case in light of the applicable norms and values regulating prosecutorial conduct and performance.
		Finally, proposed legislative sanctions for prosecutorial misconduct include (a) mandatory removal from office, (b) restructuring of the organization of the prosecution of capital cases so as to diminish the incidence of prosecutorial impropriety, (c)elimination or modification of the doctrine of prosecutorial immunity, and (d) express criminalization of prosecutorial misconduct.
	dpa.state.ky.us /library/advocate/jan03/prosecutorial.html (5704 words)

	Prosecutorial Misconduct in Gall Capital Case - The Advocate: March 2001 (Site not responding. Last check: 2007-10-21)
		In examining alleged prosecutorial misconduct on habeas review, this Court can only provide relief "if the relevant misstatements were so egregious as to render the entire trial fundamentally unfair to a degree tantamount to a due process violation." Caldwell, 181 F.3d at 736 (citing Donnelly v.
		This is particularly true in the case of prosecutorial misrepresentation because a jury generally has confidence that the prosecuting attorney is faithfully observing his obligation as a representative of a sovereignty, whose interest "in a criminal prosecution is not that it shall win a case, but that justice will be done." Berger v.
		Courts also frown upon prosecutorial tactics that, in an effort to rebut a defendant's evidentiary showing of insanity, simply make "know-nothing appeals to ignorance" rather than present testimony countering the defendant's showing in an evidentiary rigorous way.
	dpa.state.ky.us /library/advocate/mar01/gall.html (2843 words)

	Law Enforcement Abuse & Prosecutorial Misconduct
		The NACDL Law Enforcement Misconduct Committee is chaired by Marvin Miller of Alexandria, VA; Hugo Rodriguez of Miami, FL and Robert Hooker of Tucson, AZ.
		Prosecutorial Misconduct: "Winning at All Costs" -- Sunday, November 22 begins a 10-day investigative series on prosecutorial misconduct, featured in the Pittsburgh Post-Gazette.
		On account of this alleged misconduct, the prosecutors said they were no longer going to stand behind their cases in court.
	www.criminaljustice.org /public.nsf/freeform/Misconduct?OpenDocument (1831 words)

	Prosecutorial Misconduct: The McDade Amendment (Site not responding. Last check: 2007-10-21)
		The areas in which prosecutorial misconduct tends to occur most often in my practice are as follows, taking them in the order that they may occur in a criminal proceedings: First, contact with represented persons; second, improper threats; third, concealing evidence; and fourth, improper closing arguments.
		In this outrageous case, OPR found that a Department of Justice attorney engaged in professional misconduct by consciously disregarding his discovery obligations under Brady, made an improper argument to the jury, and recklessly disregarded his obligation to be candid with the court.
		Dealing with prosecutorial misconduct involves a lot more than just "being ethical," although I think that is far and away the overriding consideration that should apply in all prosecutions.
	www.fed-soc.org /Publications/Transcripts/mcdade.htm (5860 words)

	Why Prosecutorial Misconduct and Abuses Are Taking Place So Brazenly (Site not responding. Last check: 2007-10-21)
		Prosecutorial misconduct and abuses are taking place in the United States with little fear by the prosecutors of being held accountable for their wrongdoing.
		Judges are there to protect the public from oppression, but the prosecutorial oppression occurs without any adversary, and any efforts to expose combat prosecutorial oppression can be expected to result in even more oppression, more prejudicial, illegal activity, a greater chance for conviction, and a longer sentence.
		When a defendant complains about prosecutorial misconduct, it is just one more matter for the judge to handle.
	www.lawmall.com /abuse/abwhy.html (1063 words)

	Julie Hiatt Steele Legal Case News - Prosecutorial Misconduct (Site not responding. Last check: 2007-10-21)
		Starr's relationship with the Jones case clearly violated DOJ rules for prosecutorial conduct and compromised his ability to act as a fair-minded prosecutor.
		Prosecutorial misconduct of this magnitude violates a defendant's constitutional right to a grand jury indictment.
		Starr's conflicts of interest, violations of federal prosecutorial policy, and clear disregard for the ethical standards of this Court violated Ms.
	www.juliehiattsteele.com /Motions/ProsecutorialMisconduct.htm (3870 words)

	The Epidemic of Prosecutorial Misconduct (Site not responding. Last check: 2007-10-21)
		A Wave of Prosecutorial Misconduct is Subverting Standards of Fairness and Justice.
		Prosecutorial misconduct is not a new development in our country; court records and the press document many instances of prosecutorial abuses.
		Egregious prosecutorial behavior and misconduct, or violations of the constitutional rights of defendants, are often ignored by the courts.
	web.wt.net /~msanders/prosmisc.htm (411 words)

	Edward Humes - Mean Justice Q&A with Edward Humes
		And even when the errors and misconduct finally are detected after conviction, it is the prosecutors, not the defense attorneys, who exploit legal technicalities and procedural delays to prolong unjust imprisonments on appeal.
		After five years of prison, all were freed because of prosecutorial misconduct so massive that the appeals court opinion in the case needed several hundred pages to list representative examples of official wrongdoing — the single worst case of prosecutorial misconduct in the history of California, if not the nation.
		Deliberate corruption would provide an easy explanation for the problem of police and prosecutorial misconduct, but instances of law-enforcement officials accepting bribes or other forms of personal or political profit in exchange for framing the innocent are most rare, and those that have been found have been dealt with severely and effectively.
	www.edwardhumes.com /articles/mean_qa.shtml (3483 words)

	Skilling, Lay allege case misconduct - Boston.com (Site not responding. Last check: 2007-10-21)
		Lawyers for Enron Corp. founder Kenneth Lay and former CEO Jeffrey Skilling say "deliberate, systematic prosecutorial misconduct" has choked their efforts to prepare for trial in January.
		Lay, Skilling and the third defendant in their case, former top Enron accountant Richard Causey, say obvious or veiled threats from prosecutors that dozens of witnesses may be indicted or, if they have pleaded guilty to crimes, face harsh prison sentences if they talk to the former executives has shut off critical information sources.
		The trio wants to dismiss the sprawling case against them on grounds that the Justice Department's Enron Task Force "has engaged in deliberate, systematic prosecutorial misconduct that has irreparably harmed defendants' ability to prepare for trial," according to a court filing made public this week.
	www.boston.com /business/articles/2005/09/08/skilling_lay_allege_case_misconduct (577 words)

	Business Journal (Site not responding. Last check: 2007-10-21)
		Defendant Traficant also claims to possess "evidence of [p]rosecutorial [m]isconduct and extortion regarding five more incidents involving [g]overnment key witnesses against Defendant," which he states he will not "release" to the Court until trial because of "the Court's past demeanor" toward his "evidence" of misconduct (Docket #145 at 2) (emphasis in original).
		The other item Defendant Traficant characterizes as prosecutorial misconduct is a copy of the envelope in which the government mailed its disclosure letter to him.
		To the extent that the government's "motion in limine to exclude evidence accusing FBI agents or prosecutors of misconduct" seeks to require Defendant Traficant to comply with Court procedures and rules and the Federal Rules of Criminal Procedure and Evidence, it is granted.
	www.business-journal.com /Traficant/LimineMotionsFT1-29.html (2202 words)

	Prosecutorial Misconduct
		(Prosecutorial Misconduct; Evidence, Other Crimes) Evidentiary harpoons and “grossly improper” testimony given by the officer were not cured by admonition of the trial court.
		(Evidence, Vouching; Prosecutorial Misconduct) Welfare worker improperly testified that victim was truthful; trial court erred in denying requested instruction on impeachment; prosecutor improperly referred to defendant as a “monster.” Cumulative effect of errors required reversal.
		(Prosecutorial Misconduct) Defendant denied a fair trial because of improper remarks made by the prosecutor during closing argument.
	www.ok.gov /~oids/Prosecut-Miscon.htm (671 words)

	Texas Justice - Chicago Tribune - Prosecutorial Misconduct (Site not responding. Last check: 2007-10-21)
		Prompted by disclosures of prosecutorial misconduct and wrongful convictions, dramatic proposals were unveiled Wednesday that would provide powerful tools to defense lawyers in criminal cases and safeguards against false testimony.
		The Illinois House plans to create a committee on prosecutorial misconduct to explore possible legislative remedies for alleged problems in the state's judicial system.
		Saying a Tribune series on prosecutorial misconduct has generated adverse pretrial publicity, attorneys for seven men charged with railroading one-time murder suspect Rolando Cruz are asking for a 90-day trial delay.
	www.texas-justice.com /chitrib/misconduct0007.htm (173 words)

	Prosecutorial Misconduct [DiPrete Case]
		That uncontrolled zealousness and prosecutorial misconduct was especially disturbing to the trial justice because it surfaced in the offices of the state's Attorney General, the very office entrusted with protecting the constitutional rights of the citizens of this state
		The state's misconduct ultimately necessitated a lengthy thirty-two-day hearing during which defense counsel were required to establish the exact nature and scope of the state's wrongdoing in order to protect their clients' right to a fair trial.
		The state contends that no misconduct occurred in the withholding of this classically exculpatory and witness impeaching evidence from the defendants and that no prejudice resulted to them as a result of the prosecutors' failure to reveal Brusini's perjury and the resulting nonprosecution agreement that the state had entered into with Brusini.
	www.caught.net /cases/dipre.htm (4767 words)

	Prosecutorial Misconduct: Law, Procedure, Forms, Third Edition - LexisNexis(R) Bookstore (Site not responding. Last check: 2007-10-21)
		We've all encountered prosecutors who are only interested in improving their "conviction scorecard" and regularly tread on the Bill of Rights in the name of their own ambition.
		Considered the definitive treatise on the subject, Prosecutorial Misconduct - Third Edition, provides a comprehensive and scholarly analysis of every prosecutorial abuse, from the initiation of a criminal investigation through the appeal and post-conviction stages for both federal and state jurisdictions.
		Prosecutorial Misconduct - Law * Procedure * Forms, Third Edition sets out innovative, aggressive strategies developed in the crossfire of the courtroom by accomplished, successful defense lawyers.
	bookstore.lexis.com /bookstore/catalog?prod_id=6679&action=product&loc=SE4_6679t& (324 words)

	Police and Prosecutor Misconduct
		Scheck and Neufeld report that police misconduct was a factor in 50% of the DNA exonerations and that prosecutorial misconduct was a factor in 45%.
		When prosecutors engage is misconduct that leads to the admission of improper evidence, this is a particular problem with regard to the risk of wrongful conviction because there is evidence that the impact of such evidence is "inversely related to the strength of the prosecutor’s case." Id.
		The prosecutor with a strong case will not be deterred from engaging in misconduct because even if his conduct is criticized by an appellate court, the conviction still will be affirmed.
	www1.law.umkc.edu /suni/wrongful_convictions/Prosecutor_Misconduct.htm (683 words)

	Texas Justice - Pittsburg Post-Gazette - Prosecutorial Misconduct (Site not responding. Last check: 2007-10-21)
		Its review of 1,500 allegations of prosecutorial misconduct over the past 10 years found hundreds of examples of discovery violations in which prosecutors intentionally concealed evidence that might have helped prove a defendant innocent or a witness against him suspect.
		Gershman wrote "Prosecutorial Misconduct" in 1997 and has explored discovery violations and the motives behind them.
		Because of the prosecutorial misconduct, the judge gave key players in the drug smuggling operation light sentences.
	www.texas-justice.com /pittgzt/misconductpart03.htm (7302 words)

	Criminal Appeal: Prosecutorial Misconduct
		The court found each instance of misconduct to be plain error and each, standing alone, would require reversal.
		District court did not err in denying motions for new trial and to dismiss; Appellant was not prejudiced by the government’s misconduct, including its failure to disclose that a key informant was rewarded with illegally-obtained permanent resident status.
		The Center's study of criminal appeals from 1970 to the present revealed 590 California cases in which the defendant alleged prosecutorial misconduct.
	www.crimblawg.com /prosecutorial_misconduct (1025 words)

	CBS News \| Prosecutorial Misconduct Rampant \| June 27, 2003 00:04:49
		In another 26 cases, 31 innocent defendants were convicted despite their allegations of misconduct by prosecutors.
		Some of those defendants could not be retried and were set free, so prosecutor misconduct "has severe consequences for the entire citizenry," the report said.
		In thousands more cases, judges labeled prosecutorial behavior inappropriate but characterized it as "harmless error" and allowed a conviction to stand or a trial to continue.
	www.cbsnews.com /stories/2003/06/26/national/main560562.shtml (813 words)

	United States' Response to Defendant's Motion To Dismiss Indictment for Prosecutorial Misconduct In Grand Jury ...
		In his Motion, the defendant alleges a "pervasive pattern of prosecutorial misconduct prejudicing the Defendant in underlying grand jury proceedings." Def.
		As a sanction for alleged misconduct, the standard for dismissal of an indictment is extremely high.
		The strong presumption of regularity in grand jury proceedings cannot be outweighed by conclusory or speculative allegations of misconduct.
	www.usdoj.gov /atr/cases/f1100/1164.htm (1833 words)

	Alaska Prosecutorial Misconduct (Site not responding. Last check: 2007-10-21)
		The study of criminal appeals from 1970 to the present revealed 74 Alaska cases in which defendants alleged prosecutorial error or misconduct.
		In 17, judges ruled a prosecutor’s conduct prejudiced the defendant and reversed or remanded the conviction, sentence or indictment.
		In one case, a dissenting judge would have reversed conviction because of improper arguments.
	www.magnacartanews.greatnow.com /Alaska_Prosecutorial_Misconduct.html (106 words)

	Harmful Error - The Center for Public Integrity
		Since 1970, individual judges and appellate court panels cited prosecutorial misconduct as a factor when dismissing charges, reversing convictions or reducing sentences in over 2,000 cases.
		Misconduct by prosecutors led to the conviction of innocent individuals who were later exonerated.
		Guilty defendants have also had their convictions overturned and are placed back on the street.
	www.publicintegrity.org /pm (330 words)

	Poynter Online - Thursday Edition: Prosecutorial Misconduct
		"Some of the most common allegations of prosecutorial misconduct involved improper closing arguments and excluding jurors on the basis of race, ethnicity, gender, or some other discriminatory grounds.
		"In 28 cases, involving 32 separate defendants, misconduct by prosecutors led to the conviction of innocent individuals who were later exonerated, the Center found.
		Sometimes those defendants cannot be retried because of double jeopardy rules, and are placed back on the streets of the community.
	www.poynter.org /dg.lts/id.2/aid.39341/column.htm (1181 words)

	Criminal Prosecution Reform Website: The Worst Federal Prosecutorial Abuses and Misconduct and What Victims Can Do to ... (Site not responding. Last check: 2007-10-21)
		The real wrongdoing by the prosecutor is generally covered by the doctrine of prosecutorial discretion, and this immunity must be overcome by statute, or on a case by case basis showing that the prosecutor wilfully committed violations of the defendant's civil rights to be able to overcome the doctrine of prosecutorial immunity.
		There is no better time to detect prosecutorial wrongdoing than this time, when the convicted defendant, sitting in jail for a crime for which he was wrongfully convicted, takes the time to spell out to the convicting judge the details (as far as the defendant can determine) of how he/she was unjustly convicted.
		The reason for this failure is obvious: without such prosecutorial crimes, the convictions would not be taking place, and the high rate of guilty pleas would be dramatically reduced, and the number of incarcerations, prisons and jailers would be dramatically reduced, which politicians believe would reflect adversely on their "Law and Order" political agendas.
	www.lawmall.com /criminal (14698 words)

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