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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 ...
The Albany Law Review criticized this decision as outlining a "retaliation doctrine" that incentivizes both parties to not report misconduct if they believe it invites them to engage in similar misconduct. Law professor Martin Belsky argued that trials should instead maintain their fairness by requiring both sides to object to misconduct by the ...
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In United States criminal law, a perjury trap is a form of prosecutorial strategy, which is sometimes claimed to be prosecutorial misconduct in which a prosecutor calls a witness to testify, typically before a grand jury, with the intent of coercing the witness into perjury (intentional deceit under oath).
A convicted murderer who has been on California’s death row for 33 years must either be released or retried after a federal judge on Thursday approved the state attorney general’s request to ...
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]
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 ...
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 ...