Prosecutorial Misconduct
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"There is no crueler tyranny than that which is exercised under 
cover of law, and with the colors of justice" 

- U.S. v. Jannotti, 673 F.2d 578, 614 (3d Cir. 1982)


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What is Prosecutorial Misconduct?

Prosecutorial misconduct is defined as the use of deceptive, illegal or reprehensible methods used by a prosecutor, to attempt to persuade either the court or the jury.

As the United States Supreme Court has noted, the prosecutor represents a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. (Berger v. United States (1935) 295 U.S. 78, 88 [55 S.Ct. 629, 633; 79 L.Ed. 1314, 1321].)

Prosecutorial misconduct is further defined in jurisprudence as "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment - and similar to "prosecutorial discretion."

 


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