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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 ...
Pages in category "Prosecutorial misconduct" The following 10 pages are in this category, out of 10 total. This list may not reflect recent changes. ...
The case is at least the second this year in which the Cook County state’s attorney’s office dropped charges against defendants amid allegations of prosecutorial misconduct.
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 ...
Last year Price initiated an investigation into potential prosecutorial misconduct during jury selection in the case of Ernest Dykes, who was found guilty in 1993 of shooting a 9-year-old.
The Court found an "inflexible presumption of prosecutorial vindictiveness" to be inappropriate in the pretrial setting, where a prosecutor's case against a defendant may not yet have "crystallized." [11] Following the Court's ruling, lower federal courts have generally held a presumption of vindictiveness to be inapplicable in a pretrial setting.
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 ...
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