Prosecutorial misconduct is any courtroom behavior on the part of the prosecutor that violates trial rules and denies defendants their right to due process. Examples of misconduct may include making unfair or improper comments about the defendant, defense counsel, or a defense witness; suppressing, tampering with, or fabricating evidence; or making material misstatements regarding law
Discretion in the criminal justice system refers to the capacity of court officials and law enforcement agents to make authoritative decisions in the absence of specified directives and controls. Legal scholar Kenneth Culp Davis emphasized that discretion in the criminal justice system provides prosecutors the freedom to choose what they will rely upon in determining
This article delves into the critical domain of prosecutorial misconduct and ethics within the United States criminal justice system. The introduction provides a foundational understanding of the role of prosecutors and the imperative nature of ethical conduct in their responsibilities. Moving into an exploration of prosecutorial misconduct, the second section delineates various types and offers
Prosecutorial misconduct is any courtroom behavior on the part of the prosecutor that violates trial rules and denies defendants their right to due process. Examples of misconduct may include making unfair or improper comments about the defendant, defense counsel, or a defense witness; suppressing, tampering with, or fabricating evidence; or making material misstatements regarding law