Prosecutorial misconduct is rare, but like police brutality, a few cases are a few too many. An investigative report from USA Today found that federal prosecutors found to be acting in less than ethical manners are rarely punished and when they are, the penalties are light and quickly forgotten.
Because prosecutorial misconduct is one of many reasons people don’t get a fair trial or are even sent to prison when they are innocent, it’s an issue that needs to be looked at and remedied as much as possible.
What exactly is prosecutorial misconduct? Well, it’s when the prosecutor on a case doesn’t act with the upmost integrity. It’s when they are more concerned, perhaps, with a conviction than true justice.
Withholding evidence that could help a defendant’s case, not holding up their end of a plea bargain, and even lying to judges and juries are all forms of prosecutorial misconduct. Because prosecutors are considered the most powerful law enforcement officials, representing the interests of the government in matters of criminal law, they should be held to pretty high standards.
The USA Today investigation focused on federal prosecutors, employed by the U.S. Department of Justice. They found 201 cases in the past decade or so in which these prosecutors acted unethically in one manner or another. In some of these cases, the judges called their actions “flagrant” and even “outrageous”. But very little of anything significant ever happened to those high powered lawyers.
In one case, the prosecutor didn’t inform anyone that he had made promises of reduced prison time to several witnesses and even hid evidence. The defendant, who served 3 years in federal prison as a result, was recently released after a judge overturned his conviction, declaring him innocent. The prosecutor, responsible for sending an innocent man to prison, was ordered to attend a single day ethics workshop.
Sometimes it seems the pressure on a prosecutor to gain convictions may be so great that they ignore their responsibilities to do things ethically in the name of justice. Again, this is rare, but it does happen. It’s a little difficult to get a fair trial when one of the biggest players in the courtroom can act recklessly with little fear of punishment.
Sure the job of the prosecutor in a criminal case is to enforce the laws and see that people who are in fact guilty face the appropriate penalty. But, they have to do this within the parameters of the defendant’s constitutional right to due process. Crossing lines into misconduct perverts the entire justice system.
When you face criminal charges, ensuring your constitutional rights are protected is the job of your lawyer, the defense attorney. If you are facing charges now and want to speak with someone about your case, contact us to get in touch with a local defense attorney.
About David Matson