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In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment." [1] It is similar to selective prosecution. Prosecutors are bound by a set of rules ...
Brady v. Maryland, 373 U.S. 83 (1963), was a landmark U.S. Supreme Court decision holding that under the Due Process Clause of the Constitution of the United States, the prosecution must turn over to a criminal defendant any significant evidence in its possession that suggests the defendant is not guilty (exculpatory evidence).
Michael Byron Nifong (born September 14, 1950) is a disbarred American prosecutor who formerly served as the Durham County District Attorney.He was removed from this position, disbarred, and jailed following court findings concerning his conduct in the Duke lacrosse case, primarily his conspiring with the DNA lab director to withhold exculpatory DNA evidence that could have acquitted the ...
But it will be hard for federal prosecutors to ignore political considerations after a new U.S. attorney, without cause, seeks to unearth prosecutorial misconduct in cases that are anathema to the ...
Jan. 25—CONCORD — A federal judge in New Hampshire has dismissed one criminal case, and a high-profile white-collar case hangs in the balance over questions about misconduct by a top federal ...
Hicks has repeatedly denied that his office committed any misconduct in the case. The hearing was held Thursday, Oct. 31, and Friday, Nov. 1, in the 409th District Court at the Enrique Moreno ...
Napue v. Illinois, 360 U.S. 264 (1959), was a United States Supreme Court case in which the Court held that the knowing use of false testimony by a prosecutor in a criminal case violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution, even if the testimony affects only the credibility of the witness and does not directly relate to the innocence or guilt of ...
A judge Wednesday ended the trial of former Georgia prosecutor accused of using her influence to protect the men who chased and killed Ahmaud Arbery by throwing out the felony indictment used to ...