Kushner | Law Group PLLC
Kushner | Law Group PLLC
Kushner | Law Group PLLC

Vigorous Advocates Fighting For Your Rights

What is prosecutorial misconduct in federal felony cases?

On Behalf of | Nov 8, 2023 | Federal Crimes |

When it comes to federal felony cases, the concept of prosecutorial misconduct is one that often raises eyebrows and sparks debates.

Prosecutorial misconduct refers to a prosecutor’s unethical or illegal behavior during a criminal trial. This behavior goes against the principles of federal prosecution that require prosecutors to reasonably exercise their authority and contribute to the evenhanded administration of federal crime laws.

Forms of prosecutorial misconduct

One of the most common forms of prosecutorial misconduct is the deliberate withholding of evidence that could exonerate the defendant or weaken the prosecution’s case. This undermines the defendant’s right to a fair trial as established by the U.S. Constitution and can lead to wrongful convictions.

Prosecutors may also go to great lengths to secure a conviction, including fabricating evidence or presenting false witnesses. Prosecutors must not encourage or induce witnesses to commit perjury (lying under oath). Such actions can jeopardize a defendant’s rights.

Another concern related to prosecutorial misconduct is the unfair selection of jurors. Prosecutors may seek to stack a jury with individuals who are more likely to favor the prosecution, thus depriving the defendant of an impartial panel.

The impacts of prosecutorial misconduct on federal felony cases

Perhaps the most severe consequence of prosecutorial misconduct is the potential for wrongful convictions. When prosecutors manipulate evidence, it can lead to innocent individuals serving time for crimes they did not commit.

Additionally, the discovery of prosecutorial misconduct often triggers lengthy legal battles to rectify the situation. Appeals, retrials and legal challenges can prolong the suffering of the accused.

Prosecutorial misconduct is a critical issue that can have life-altering effects on the accused. When prosecutors unlawfully pursue convictions, the convicts whose rights have been violated need to seek legal guidance to better understand their options moving forward.