The Veritas Report on Prosecutorial Conduct
The American Bar Association states the prosecutor has a duty different from other advocates- not to simply convict, but to seek justice. While many prosecutors conscientiously do their job with the integrity, there are some that commit misconduct. Ways in which a prosecutor can commit misconduct include improperly examining witnesses, making improper arguments to a jury, withholding exculpatory evidence from the defense, intimidating witnesses, presenting false evidence, discriminatory jury selection, or violating the defendant’s Fifth Amendment right to silence.
While some safeguards exist to protect defendants from the misconduct of prosecutors, these rules must be enforced. As studies show, prosecutors are rarely publicly disciplined for their misconduct. Accountability is the first step towards curbing prosecutorial misconduct.