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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 ...
In 1980 a similar case, Jenkins v. Anderson , reached the Supreme Court, its ruling distinguishing it from Doyle . The Court ruled that the prosecution is permitted to exploit as inculpatory evidence a defendant's failure to disclose an exculpatory testimony eventually presented in trial as defense, to government officials such as police in a ...
In February 1990, Virginia was convicted and sentenced to life in prison. 20 years later, Virginia's lawyer discovered that the prosecution's key witness, toxicologist James Ferguson, lied about his credentials, prompting a court to reverse Virginia's conviction. In April 2011, the prosecution dismissed the case. [206] Oct 24, 1988
The energy company at the center of a $60 million bribery scheme in Ohio will pay $20 million and avoid criminal charges as part of a deal with state prosecutors to resolve its role in the scandal.
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 ...
[205] 47 cases were referred for prosecution, resulting in ten prison sentences, one suspended sentence and one fine. [205] As a result of all investigations into the corruption and misconduct of British police and staff between 1 April 2013 and 31 March 2014, 134 police officers and staff were dismissed, while a further 711 faced disciplinary ...
Eight years later, a 2016 paper in the Journal of Criminal Law & Criminology concluded that "Herring invited evidence laundering by police and laid the groundwork for judicial approval of this practice", based on a case law examination of how state courts and lower federal courts had applied the Supreme Court decision since 2009. [16]