The prosecutor’s role in our adversarial justice system - to obtain convictions, regardless of a defendant’s guilt or innocence - necessarily creates competitiveness in terms of winning cases; but, as stated by the U.S. Supreme Court...
While he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.
- Berger v. United States, 295 U.S. 78 (1935)
Beyond the more typical examples, sometimes prosecutors simply break the law themselves, using their position of authority to further their own personal interests.
By far, the most commonly cited type of prosecutorial misconduct in wrongful conviction cases involves the withholding of exculpatory evidence. While many forms of misconduct can result in a conviction being overturned, so-called “Brady violations”, are most often reported, as the withheld evidence can lead to the reversal of a conviction or finding of innocence.
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