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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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