Tuesday, February 23, 2016

Prosecutor Misconduct

Back to the brief:
“Types of Prosecutor Misconduct can assume many forms, including:
  Charging a suspect with more offenses than is warranted
  Withholding or delaying the release of exculpatory evidence
  Deliberately mishandling, mistreating, or destroying evidence
  Allowing witnesses they know or should know are not truthful to testify
  Pressuring defense witnesses not to testify
  Relying on fraudulent forensic experts
  During plea negotiations, overstating the strength of the evidence
  Making statements to the media that are designed to arouse public indignation
  Making improper or misleading statements to the jury
  Failing to report prosecutor misconduct when it is discovered
The public is awakening to the existence of the problem, as well. According to a 2013 national survey:
  42.8% of respondents say prosecutor misconduct is widespread
  71.8% believe new laws are needed to curb prosecutor misconduct
Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair have maintained a continuing interest in Brady violations and prosecutorial misconduct and have compiled a comprehensive list of federal and other cases dealing with these issues that are important to the Court. These two individuals remind their profession that, "It is important to occasionally review these cases to remember the egregious depths to which some rogue prosecutors will stoop to "convict at any cost. This is not our soap box, it is a reality. Some prosecutors have forgotten, or never learned, that their primary duty is to do justice, not simply convict those unfortunate souls caught in the cross-hairs. Prosecutorial misconduct, either through deliberate Brady violations or the knowing use of perjured testimony or inflammatory arguments before a jury is designed to deprive a defendant of a fair and impartial trial, and this unethical behavior must be understood and ever guarded against. "

Anybody recognize any of this Prosecutorial misconduct from my mom’s case?  I do.  Ridiculous that these guys are not being held accountable for this misconduct.  Do you know any cases you would like me to reference here?  Feel free to comment them here and I will be glad to post them.

More to come…

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