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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 ...
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 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 ...
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 ...
Pages in category "Prosecutorial misconduct" The following 10 pages are in this category, out of 10 total. This list may not reflect recent changes. ...
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 ...
He said he plans to file a motion Monday to seek a new trial for Grossman on the basis of “prosecutorial misconduct,” alleging the prosecutors misstated facts.
Prosecutorial vindictiveness occurs where a prosecutor retaliates against a defendant for exercising a constitutional or statutory right by increasing the number or severity of the charges against him. [1] [2] The United States Supreme Court has held prosecutorial vindictiveness to constitute a violation of a defendant's right to due process ...
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