Examples Of Prosecutorial Misconduct

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Prosecutorial misconduct is when a prosecutor wrongfully convicts a defendant based on information he or she may keep concealed from a judge and/or jury. Ask the average citizen, and they are totally unaware that such a thing ever happens. The public is often persuaded to believe that all prosecutors are honorable people who are committed to ethics, justice, and upholding the law. But prosecutorial misconduct and misdeeds happen, and they occur more frequently than anyone would imagine. Judge Konzinski, stated to the Washington Post, “Prosecutorial misconduct is a particularly difficult problem to deal with because so much of what prosecutors do is secret. If a prosecutor fails to disclose exculpatory evidence to the defense, who is to know? Or if a prosecutor delays disclosure of evidence helpful to the defense until the defendant has accepted an unfavorable plea bargain, no one will be the wiser.” No wonder society is naive to the prosecutorial misconduct that transpire…show more content…
Three white males of Duke University’s lacrosse team were accused of sexual assault charges against a woman they hired as an escort. Michael Nifong, former district attorney, was eventually removed, disbarred, and jailed because of his criticisms towards the players. Nifong made various false accusations public to the media and worked alongside a DNA lab director to withhold exculpatory evidence. The State Bar filed two rounds of ethics charges and North Carolina Attorney General Roy Cooper was forced to take over the case. Ultimately the case and all charges were dropped because of the prosecutorial misconduct performed previously by Nifong. Inconsistencies between evidence and suspect interviews found by Cooper proved the members of the team to be not guilty. Their names were cleared from the legal books but the men were suspended from the team and publically humiliated by the fabricated

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