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Extensive Report Reveals Pattern of Proseuctorial Misconduct

The Center for Public Integrity today has released a report showing a pattern of misconduct by local prosecutors nationwide.

The report is called "Harmful Error," a play on the term "Harmless Error" used by appellate courts when they find that prosecutorial misconduct occurs, but does not prejudice the defendant so acutely that the guilty verdict must be reversed.

"This is the most extensive investigation into prosecutorial conduct that has ever been carried out in this country," said Charles Lewis, executive director of the Center. "The findings in this report will be discussed in legal circles for years to come."

Judges have ruled in at least 2017 cases out of over 11,000 cases reviewed from 1970 through mid-2003 that prosecutors' behavior inside or outside the courtroom prejudiced juries or judges against the defendant. As a result, the judges reversed a guilty verdict, ordered a new trial, or took other actions to correct a wrong. The report also documents cases in which prosecutorial misconduct has played a role in convicting innocent women and men.

A team of researchers worked full-time for two and a half years to learn as much as possible about the elected district attorneys across the nation, as well as the lawyers they hire to evaluate and try defendants arrested by local police agencies.

The report finds that prosecutorial misconduct falls into several categories, including:

  • Courtroom misconduct (making inappropriate or inflammatory comments in the presence of the jury; introducing or attempting to introduce inadmissible, inappropriate or inflammatory evidence; mischaracterizing the evidence or the facts of the case to the court or jury; committing violations pertaining to the selection of the jury; or making improper closing arguments);
  • Mishandling of physical evidence (hiding, destroying or tampering with evidence, case files or court records);
  • Failing to disclose exculpatory evidence;
  • Threatening, badgering or tampering with witnesses;
  • Using false or misleading evidence;
  • Harassing, displaying bias toward, or having a vendetta against the defendant or defendant’s counsel (including selective or vindictive prosecution, which includes instances of denial of a speedy trial);
  • Improper behavior during grand jury proceedings.
  • Improper closing arguments
  • Excluding Jurors on the basis of race, ethnicity, gender or some other discriminatory grounds.

We hope the mainstream media gives due coverage to this important report.

Update: The Associated Press reports here.

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