NCJ Number
147455
Date Published
Unknown
Length
39 pages
Annotation
This paper uses four cases to demonstrate clear instances of prosecutorial misconduct in capital cases. Selection of these particular cases was designed to demonstrate that such misconduct is widespread, is not confined to a single region of the country, and often leads to wrongful convictions and even executions of innocent prisoners.
Abstract
Government misconduct can take many forms including intimidation of witnesses, the use of threats to obtain a confession, the use of jailhouse informants who enter into secret deals with the prosecution, or the government's unrevealed promise of leniency for one co-defendant in exchange for testimony against another. Misconduct often begins with the police, who may be under immense pressure to solve a case quickly. Racism has been documented as a frequent motive for official misconduct. This document argues that every aspect of a legal process that may end in the death sentence for the defendant requires careful, deliberate review to ensure that the sentence was obtained legally. Because the prosecutor is a public official, government misconduct reflects on the people who elected and supported him.