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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 ...
Brennan noted that the prosecutor concluded his arguments by declaring "I don't think you're doing your job as jurors in finding facts as opposed to the law that this judge is going to instruct you," which he viewed as egregious misconduct uninvited by the defense's earlier statements.
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The headstone of Timothy Evans, who was wrongfully convicted and executed for two murders that had been committed by his neighbour John Christie. A miscarriage of justice occurs when an unfair outcome occurs in a criminal or civil proceeding, [1] such as the conviction and punishment of a person for a crime they did not commit. [2]
A convicted murderer who has been on California’s death row for 33 years must either be released or retried after a federal judge on Thursday approved the state attorney general’s request to ...
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.
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 ...
Lawyers for President-elect Donald Trump say they've received evidence of "grave juror misconduct" in the New York criminal case that resulted in his being convicted on 34 felony counts.