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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 ...
United States, Brennan felt that government representatives should be held to a higher standard of behavior, rather than allowing them to engage in invited replies to defense misconduct via further prosecutorial misconduct. [1]
In Blackledge, the prosecutor increased the severity of a defendant's charge—from misdemeanor to felony—after the defendant moved for a trial de novo. [6] In finding a due process violation, the court evinced a concern that fear of prosecutorial vindictiveness would have a chilling effect on a defendant's willingness to exercise his rights.
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 ...
The doctrine makes it nearly impossible for victims of prosecutorial misconduct to get recourse. Sotomayor Is Right: The Supreme Court Should Reevaluate Absolute Immunity for Prosecutors Skip to ...
A key hearing over several allegations of prosecutorial misconduct will be held in the state's death penalty case against the El Paso Walmart mass shooter.. The hearing will begin at about 9 a.m ...
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 court said a deputy prosecutor’s intent may have been well meaning, but she used racial bias to get the plea deal. ... after an appeals court found “race-based prosecutorial misconduct. ...