Prosecutor Misconduct No. 1719267230 - 1930661486
Definition of Offense(s)
Prosecutorial misconduct refers to actions by a prosecutor that are unethical, illegal, or violate the rights of a defendant.
Prosecutor misconduct involving bias refers to when a prosecutor allows personal opinions, prejudices, or other factors to influence their decision making or behavior in a criminal case.
Coercive plea bargaining refers to the practice of using excessive pressure, threats, or other tactics to force a defendant to accept a plea bargain, even if it is against their best interest.
Cooperative misconduct refers to a situation where the prosecutor collaborates or conspires with another party, such as the police, to commit misconduct. This type of behavior can include suppressing evidence, withholding information, or engaging in unethical tactics to secure a conviction.
Evidence that is favorable to the defendant (exculpatory) and could impact the outcome of the defendant’s case (material) is often called “Brady material” because of the seminal 1963 U.S. Supreme Court case, Brady v. Maryland.
Obstruction of justice by a prosecutor refers to actions taken by a prosecutor to interfere with the administration of justice, such as hiding or withholding evidence, lying or making false statements in court, or engaging in other behavior that undermines the fairness and integrity of the legal
"Overcharging" refers to a prosecutor bringing excessive or unwarranted charges against a defendant in a criminal case. This can occur when a prosecutor deliberately or recklessly charges someone with more crimes or more serious crimes than the evidence supports.