Prosecutorial Misconduct

Definition - What does Prosecutorial Misconduct mean?

Prosecutorial misconduct is when a lawyer violates professional ethics and/or the law by performing an act or a behavior that is a violation of court rules.

Examples of prosecutorial misconduct include vindictive prosecution, threatening witnesses, using untruthful witnesses, hiding or destroying evidence, failing to disclose evidence that could lead to exoneration, etc.

Justipedia explains Prosecutorial Misconduct

Lawyers who participate in prosecutorial misconduct can face professional, and sometimes even legal, consequences.

Breaking the law is what can lead to legal consequences. For example, if a lawyer threatens to harm the family of a witness if they make a certain testimony, this could lead to criminal prosecution of the lawyer in question.

The court has certain rules when it comes to prosecution. The purpose of these rules is to keep the prosecution system, fair, efficient and ethical. So, violations against these rules are looked on highly unfavorably.

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