The Many Faces of Prosecutorial Misconduct

Unless you have experienced it firsthand, it might seem strange to hear people complain that “It’s not fair” in the context of a criminal prosecution or trial.  Isn’t that something that children say when adults try to impose a punishment or stop them from doing something they want to do?  Consider that defendants in criminal cases can say, “I didn’t do it” just as children accused of misbehavior can.  Of course, criminal court is a more serious matter, and no one is asking you to prove that you didn’t do it.  Saying “I didn’t do it” in criminal court takes some major audacity, and people don’t always believe you, even if you are telling the truth.  Consider the case of Michael Morton, the Texas man who vociferously maintained his innocence after being wrongly accused of murdering his wife in 1986.  The jury convicted him anyway, and he spent 24 years in prison before his conviction was overturned.  DNA evidence was what cast the deciding vote in Morton’s case, but another line of reasoning in his appeal was that the prosecutors were also breaking the law, which was true.  It is sometimes possible, in a criminal case, to point across the courtroom and say, “he’s breaking the rules, too.”  Here, our Miami criminal defense lawyer explains what prosecutorial misconduct is and how it can affect your criminal case.

It Is Everyone’s Responsibility to Speak Up About Prosecutorial Misconduct

Prosecutorial misconduct is a general term that encompasses every situation where prosecutors do not follow the rules of criminal procedure.  Every element of your case that is the result of a prosecutor breaking the rules should not count against you.  The court’s acknowledgement of prosecutors’ misconduct in your case could lead to potentially incriminating evidence being excluded from your trial.  In some cases, it can even lead to the court dismissing your charges.  Judges know the rules, and they should notice prosecutorial misconduct and respond to it as soon as it happens.  Sometimes, though, judges do not do anything about it until you bring the prosecutorial misconduct to their attention during a pending case or on appeal.

Presenting Inadmissible Evidence

A fair trial only includes evidence that prosecutors have obtained through lawful means.  It is prosecutorial misconduct if the prosecution presents evidence that they only have because they violated your rights.  The following are examples of inadmissible evidence:

• Items confiscated by police who did not have a warrant
• Evidence of you committing a crime that police induced you to commit, as opposed to merely waiting to show their badges until after you committed the crime you were going to commit anyway
• A confession from a defendant who has not received the Miranda warnings
• Testimony from an alleged accomplice who only agreed to snitch on you because of a coercive plea deal
• Testimony from a police officer with a documented history of dishonesty in the context of his or her work

You can file a motion to suppress inadmissible evidence during the pretrial discovery phase.

Withholding Evidence That Could Help Your Defense

During pretrial discovery, prosecutors must disclose to you all the evidence they have that could help your case, as well as any evidence that you request.  Failure to disclose this evidence counts as prosecutorial misconduct.

Which Arguments Are Off Limits for Prosecutors?

The rules about what one can and cannot say at trial are more specific than you might imagine; consider that even the jury instructions, which one would expect to be generic boilerplate, go through several rounds of edits.  If prosecutors make prohibited arguments during your trial, your lawyer should object.  For example, it is against the law for prosecutors to make arguments based on religion, such as by referring to the sinful nature of the defendant’s alleged crimes.  It is also against the law for prosecutors to tell the jury that they find a witness credibility.  They can, however, ask the witness questions that will establish his or her credibility, such as by asking an expert witness to describe how the witness learned his or her subject of expertise.  Prosecutors also should not mislead the jury about the definition of terms or ask witnesses questions about matters that are unfalsifiable.  By objecting to these questions and statements, you may be able to cast doubt on the prosecution’s entire case.

Contact Our Criminal Defense Attorneys

A South Florida criminal defense lawyer can help you suppress illegally obtained evidence or build defenses related to prosecutorial misconduct.  Contact Ratzan & Faccidomo in Miami, Florida for a confidential consultation about your case.

Source:

davisvanguard.org/2024/06/nations-defense-bar-initiates-action-to-combat-prosecutorial-misconduct-in-florida/