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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 United States criminal law, a perjury trap is a form of prosecutorial strategy, which is sometimes claimed to be prosecutorial misconduct in which a prosecutor calls a witness to testify, typically before a grand jury, with the intent of coercing the witness into perjury (intentional deceit under oath).
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.
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 doctrine makes it nearly impossible for victims of prosecutorial misconduct to get recourse. Sotomayor Is Right: The Supreme Court Should Reevaluate Absolute Immunity for Prosecutors Skip to ...
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 ...
Prosecutorial misconduct. Due process prohibits the prosecution from knowingly using falsehood to convict the defendant, and requires reversal if there is a reasonable likelihood that the verdict was affected—whether the falsehood is inculpatory [163] or goes the credibility of a witness. [164]
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]