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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 ...
An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action.
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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 ...
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."
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 ...
The number of police disciplinary panels as well as misconduct and gross misconduct cases have "not materially risen" in the past 10 years, the States of Guernsey has said. The Committee for Home ...
Years later, Keeler claims Cleary sent her chilling messages on Facebook admitting to the sexual assault. "So I raped you,” Cleary allegedly wrote, per the affidavit.