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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 ...
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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]
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 ...
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 ...
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 ...
In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction. [1]