Prosecutorial Misconduct

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Prosecutorial Misconduct

Introduction

Life is beautiful! It is the privilege right of every individual to lead a happy and satisfactory life. In order to spend peaceful life human nature takes a lot of steps and develops many systems. One of the systems that is in place in this world is of implication of laws and judging the actions of people in light of these laws by a judge in a court. To lead a happy, balanced and peaceful life it is imperative that this system should work in an effective and efficient way. But, the irony is that there are some major flaws and corrupt activities take place in this sensitive area that in turn make people to lose their faith on this system. One such unethical activity is of prosecutorial misconduct. The aim and objective of this paper is to undertake discussion about prosecutorial misconduct from variegated facets and to discuss this issue in the light of cases that have occurred in past.

Prosecutorial Misconduct

In legal terms the act of prosecutorial misconduct can be described as any activity that is illegal or inappropriate and does not allow fair proceedings of the case. The act of prosecutorial misconduct is done by the prosecutors and these prosecutors are the officers of the court. Prosecutors are important part of the legal system in any country and they bear the burden of heavy responsibility to conduct fair and just dealings on their shoulders. A prosecutorial misconduct is also referred to as any action that is taken against the code of ethics. This means that any act of the prosecutors that is against the laws and regulations are considered as the prosecutorial misconduct.

On plaintiffs there remains certain level of restrictions. On the basis of the laws, rules and regulations and jurisdiction of the country the specific laws related to the plaintiff vary. But, still, there are some rules that are common in all countries. For instance, one of the rules that is common and occur in all legal system all over the world is related to the tampering of the evidence. This posits that any member of the legal system and especially the prosecutors cannot indulge in any activity that involves concealing and misrepresentation of the evidences and witnesses. Whenever any prosecutor is found or caught to be indulged in any such activity that involves tampering, concealing and misrepresentation of the evidence then this act of the prosecutor is classified as the prosecutorial misconduct. As a result of indulging in the prosecutorial misconduct the eligibility to practice law can be vanished and the practicing license can be cancelled of the alleged prosecutor. Moreover, there are some countries that imply code of ethics to comply with so that all prosecutors must carry all their duties with integrity and justice.

There is another concept of exoneration. Exoneration takes place when the prosecutorial misconduct of a prosecutor got caught and the person who is serving the sentence is reverted to the status of ...