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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 ...
Malicious prosecution is a common law intentional tort.Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.
A retaliatory arrest or retaliatory prosecution occurs when law enforcement or prosecutorial actions are initiated in response to an individual’s exercise of their civil rights, such as freedom of speech or assembly. These actions are considered forms of misconduct, as they aim to punish individuals for engaging in constitutionally protected ...
Prosecutorial misconduct claims escalate. Though it’s not unheard of for defense attorneys to try and have prosecutors removed, there has been an uptick since the very same judge ordered the ...
Additionally, the judge's ruling means that Seth Kenney, the firearms provider for Rust, may be prosecuted, and that Morrissey could face a prosecutorial misconduct complaint. Watch the video ...
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 ...
In the United States, the principle of discretion grants public prosecutors and police significant latitude in deciding whether to charge someone with a crime and which charges to file. Therefore, the mere fact that a law is selectively enforced against one person and not against another, absent bias or pattern of enforcement against a ...
The case is at least the second this year in which the Cook County state’s attorney’s office dropped charges against defendants amid allegations of prosecutorial misconduct.