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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 ...
Justice Stevens's dissent focused on the argument that a prosecutor's failure to present substantially-exculpatory evidence is a form of prosecutorial misconduct, but that nevertheless, the prosecutor need not "ferret out and present all evidence that could be used at trial to create a reasonable doubt as to defendant's guilt." [2]
The headstone of Timothy Evans, who was wrongfully convicted and executed for two murders that had been committed by his neighbour John Christie. A miscarriage of justice occurs when an unfair outcome occurs in a criminal or civil proceeding, [1] such as the conviction and punishment of a person for a crime they did not commit. [2]
The court said a deputy prosecutor’s intent may have been well meaning, but she used racial bias to get the plea deal. Sex trafficking sentence overturned after ‘racial misconduct’ by Tri ...
When police lie under oath, innocent people can be convicted and jailed; hundreds of convictions have been set aside as a result of such police misconduct. [5] Some sources say that it is both a police and a prosecutorial problem and that it is a systemic response to the fruit of the poisonous tree doctrine, which was recognized in the US Supreme Court decision Mapp v.
This time the proposed sentence for Lance Horntvedt is 10 years shorter than the one he started serving for the crime before a Washington appeals court found “race-based prosecutorial misconduct ...
Adnan Syed, speaking a year after he was released from prison when a judge vacated his conviction in the murder of his ex-girlfriend, emphasized his innocence again Tuesday, as he faces another ...
The prosecutor must disclose exculpatory evidence known only to the police. That is, the prosecutor has a duty to reach out to the police and establish regular procedures by which the police inform the prosecutor's office of anything that tends to prove the innocence of the defendant. [6]