3 Prosecutorial Misconduct Examples

The role of a prosecutor is crucial in the criminal justice system. They are responsible for presenting cases against individuals and entities accused of crimes. However, this power must be wielded responsibly and ethically. In certain instances, prosecutors may overstep their bounds, resulting in what is known as ‘prosecutorial misconduct.’ This blog post explores examples of prosecutorial misconduct and their consequences on the justice system.

Prosecutorial misconduct examples

What is Prosecutorial Misconduct?

Prosecutorial misconduct is when a prosecutor acts in a way that is unethical, illegal, or abuses their power, thus compromising the fairness of a criminal proceeding. This misconduct can take many forms and can significantly impact a defendant’s rights.

Now, let’s take a look at some prosecutorial misconduct examples.

Withholding Exculpatory Evidence

The Supreme Court case Brady v. Maryland established that it’s a violation for prosecutors to suppress evidence that could exonerate the defendant. This is a form of prosecutorial misconduct that can result in overturned convictions.

Improper Argument

Prosecutors are prohibited from making arguments that are unsupported by evidence, or that appeal to bias or prejudice. An example of this misconduct is the Duke Lacrosse case, where the prosecutor was disbarred for his actions.

Improper Use of Media

Prosecutors must avoid releasing information to the media that could prejudice a potential jury pool. A flagrant example of this misconduct is the case of Richard Jewell, who was wrongly accused of the 1996 Atlanta Olympics bombing.

Brady v. Maryland (1963)

The Supreme Court ruled that prosecutors must disclose exculpatory evidence – evidence that could prove a defendant’s innocence. In this case, the prosecution did not disclose a written statement that could have benefited the defense, leading to the establishment of the ‘Brady Rule‘.

Duke Lacrosse Case (2006)

District Attorney Mike Nifong was disbarred for making public statements that were prejudicial to the defendants, and withholding exculpatory DNA evidence in a case where members of the Duke Lacrosse team were falsely accused of rape.

Richard Jewell Case (1996)

The FBI and media prematurely and wrongly accused Richard Jewell of bombing Centennial Olympic Park during the 1996 Atlanta Olympics. The U.S. Attorney’s office improperly leaked information about Jewell, leading to public condemnation.

Kevin Cooper Case (1985)

Convicted of multiple murders, Kevin Cooper’s case was plagued with allegations of prosecutorial misconduct, including the destruction of crucial evidence that could have proven his innocence.

The Ted Stevens Case (2008)

The prosecutors in this case were accused of withholding evidence and presenting false evidence, leading to the conviction of former Alaska Senator Ted Stevens on corruption charges. The conviction was later overturned.

George Stinney Jr. Case (1944)

This case is a historical example of prosecutorial misconduct. 14-year-old Stinney was wrongly accused and convicted of murder. It was later found that the prosecution had ignored exculpatory evidence. Stinney was posthumously exonerated in 2014.

The Central Park Five Case (1989)

Prosecutors were accused of coercing false confessions from five teenagers accused of rape, ignoring exculpatory evidence. Their convictions were overturned in 2002.

Anthony Graves Case (1992)

In this case, the prosecutor withheld key witness statements that would have proved Anthony Graves’ innocence. After 18 years in prison, 12 of which were on death row, Graves was exonerated.

Michael Morton Case (1987)

Michael Morton spent nearly 25 years in prison for a murder he did not commit because the prosecutor had suppressed evidence that pointed to his innocence.

John Thompson Case (1984)

John Thompson spent 14 years on death row after prosecutors suppressed exculpatory evidence. He was eventually exonerated and later sued the District Attorney’s office for their misconduct.

Terrill Swift, Harold Richardson, Vincent Thames, and Michael Saunders (1994)

Also known as the Englewood Four, these teenagers were convicted for a murder they did not commit. The prosecutors in the case have been accused of suppressing exculpatory DNA evidence. Their convictions were overturned in 2011.

John Burrows Case (1988)

John Burrows was wrongly convicted of murder due to prosecutorial misconduct that involved the coaching of witnesses and hiding of exculpatory evidence. His conviction was overturned in 1992.

Thomas Goldstein Case (1979)

Thomas Goldstein was wrongfully convicted of murder based on the false testimony of a jailhouse informant, which was allegedly solicited by the prosecutor. Goldstein was exonerated in 2004.

Bennett Barbour Case (1978)

Barbour was convicted of rape based on false identification facilitated by the prosecution. His conviction was overturned after 34 years when the DNA evidence was re-tested.

The Consequences of Prosecutorial Misconduct

Misconduct by prosecutors can lead to wrongful convictions, compromise public trust in the criminal justice system, and result in professional sanctions for the prosecutor involved.

Conclusion

While prosecutors play an essential role in the criminal justice system, it’s critical to hold instances of prosecutorial misconduct accountable. Recognizing and understanding examples of such misconduct is a key step towards ensuring fairness and justice.