Why Prosecutors Misbehave? (From Crime & Justice in America: Present Realities and Future Prospects, Second Edition, P 253-261, 2002, Wilson R. Palacios, Paul F. Cromwell, et al., eds.)

• NCJ Number: 194693
• Author(s): Bennett L. Gershman
• Date Published: 2002
• Length: 9 pages
• Sale Source: Prentice Hall Publishing
• Publication Format: Book (Softbound)
• Publication Type: Issue Overview
• Language: English
• Country: United States of America
• Note: From "Justice, Crime, and Ethics," 1991.

Annotation

This chapter identifies and discusses the influences that may tempt a prosecutor to engage in unethical conduct and then considers why the current system offers little incentive for a prosecutor to change unethical behavior.

Abstract

Although the aim of the prosecutor in a case should be to ensure that the guilty are convicted and the innocent are freed, there is a tendency for prosecutors to want to win and close cases as a measure of their effectiveness. Prosecutorial misconduct occurs when the prosecutor withholds evidence of a suspect's innocence, attempts to influence the jury by bringing inadmissible evidence or testimony before the court, or otherwise acts in such a way as to obstruct the complete and fair presentation of admissible evidence before the court. Prosecutorial misconduct occurs because of the pressure of prosecutors to win and close cases under the burden of heavy caseloads. This fosters behavior designed to "cut corners" and reduce preparation time without sacrificing conviction rates. Prosecutorial misconduct persists because the system has done little to deter it. It is not until the courts decide to take a stricter, more consistent approach to the problem that inroads will be made in reducing prosecutorial misconduct. One solution might be to impose civil liability on the prosecutor who engages in misconduct with malice. 47 notes