What is Prosecutor Misconduct?

Prosecutors have the ability to make a variety of decisions, including dismissing charges, making deals with defendants, or recommending severe or lenient sentences. Unfortunately in some cases, with power and the ability to make life-changing decisions on people’s behalf, power can be abused and misconduct can occur. 

What kind of misconduct can occur? 

Politically motivated:

Because of the type of power that prosecutors have, they could prosecute almost anyone, as long as they have the motive, time, and money. For example, during Bill Clinton’s presidency, Clinton alleged that Kenneth Starr had other motivations to prosecuting besides perjury. This would have been considered prosecution that was politically motivated rather than something under the law. 

Hiding or suppressing evidence:

If a prosecutor finds evidence or fails to give evidence that is factual and favorable to the defendant in the case, this can be considered misconduct. Hiding evidence can have very serious consequences and if discovered later, convictions could be overturned and appeals could be brought, which can be very costly. 

Using false testimonies:

If a prosecutor knowingly allows and uses a false testimony in court, means that the defendant has not been offered a fair trial. This type of misconduct is called suborning perjury. This situation occurred in the O.J. Simpson trial when former L.A. district attorney Marcia Clark put police officer Mark Fuhrman on the stand knowing that he was going to lie. Her decision to do this had repercussions including causing juror’s to question the credibility of not just one police offer, but all of police officers in the case. 

How to control misconduct from prosecutors:

There are a variety of sanctions in place for misconduct by prosecutors, which include reporting the person to the bar association’s grievance committee, removing the person from office completely, or reversing convictions. During the trial, the prosecutor is exempt from any liability that could occur as a result of misconduct, but if found later, appellate courts could confirm a conviction despite the misconduct by implementing what is called the harmless error doctrine. This means that the court would say that the errors made during the course of the trial were minor and didn’t change the defendant’s rights. 

If you have recently been involved in a legal trial that went to court and you believe that a prosecutor has acted unethically or has participated in some form of misconduct, you should seek advice from a legal professional right away to be sure that you received a fair trial and that your rights were not violated.

Also see: How Do Criminal Charges Affect My Employment?

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