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Prosecutorial Misconduct

Why Good Prosecutors Do Bad Things: Pending California Legislation on Prosecutorial Misconduct

Burke E. Strunsky | Posted 11.22.2014 | Crime
Burke E. Strunsky

Despite the U.S. Supreme Court's 1963 ruling holding that a prosecutor must disclose all exculpatory evidence (evidence that helps the defense) there are still too many deliberate failures by prosecutors to disclose important evidence in serious criminal trials.

Prosecutorial Misconduct and the "P" word

Andrea Lyon | Posted 11.08.2014 | Crime
Andrea Lyon

Using what you consider to be the ultimate pejorative word to describe someone critical of your work, Mr. Former D.A., is unethical, sexist, selfish and weak. Like most bullies are.

New Commission to Regulate Prosecutorial Misconduct

Bennett L. Gershman | Posted 07.20.2014 | Crime
Bennett L. Gershman

New York State is poised to become the first state in the nation to create a public commission specifically designed to investigate complaints of misconduct by prosecutors. It is essential to the integrity of the justice system and the public's confidence that the system functions fairly and accurately.

Ryan J. Reilly

Every DOJ Watchdog Ever Wants To End The Special Treatment Of Prosecutorial Misconduct

HuffingtonPost.com | Ryan J. Reilly | Posted 04.30.2014 | Politics

WASHINGTON -- Every single Justice Department inspector general who has led the office since it was created a quarter century ago agreed Tuesday that ...

Hurricane Carter's 'Pig-Circus' Trials

Bennett L. Gershman | Posted 06.24.2014 | Crime
Bennett L. Gershman

Whether Carter, along with John Artis, were guilty or innocent will never be known for certain. What is certain, however, is that Carter and Artis were denied fair trials because of the deliberate misconduct by the Passaic County prosecutors.

Don't Let the Prosecutor Off the Hook

Bennett L. Gershman | Posted 06.10.2014 | Crime
Bennett L. Gershman

There is hardly ever a postmortem of a derailment in the criminal justice system, as there typically is when a train derails, or a plane crashes.

Criminal Discovery Reformers Honored as Constitutional Champions

Ginny Sloan | Posted 05.11.2014 | Politics
Ginny Sloan

In April 2009, less than six months after a jury found Senator Ted Stevens (R-AK) guilty of making false statements, a federal judge set aside that gu...

Chief Judge For 9th Circuit Cites 'Epidemic' Of Prosecutor Misconduct

Radley Balko | Posted 01.23.2014 | Politics

The dissent by Alex Kozinski, chief judge of the U.S. Court of Appeals for the 9th Circuit, from a decision not to rehear U.S. v. Olsen starts off wit...

A Justice Denied as Bangladesh Prosecutes War Crimes

Ronak D. Desai | Posted 02.01.2014 | World
Ronak D. Desai

Born in bloodshed, Bangladesh seeks a justice long overdue. Regrettably, the very judicial body responsible for delivering that justice instead threatens to further deny it.

Counties That Send The Most People To Death Row Show A Questionable Commitment To Justice

Radley Balko | Posted 11.25.2013 | Politics

Last week, I looked at a recent study by the Death Penalty Information Center (DPIC) which finds that the vast majority of executions and death row in...

Radley Balko

U.S. Counties Killing The Most People Are Good At Getting Death Penalty, Not So Good At Justice

HuffingtonPost.com | Radley Balko | Posted 11.19.2013 | Politics

Just 2 percent of counties in America are responsible for more than half the nation's executions, and those same counties have been responsible for a ...

The First Post-9/11 Terror Case That Never Was

Radley Balko | Posted 01.25.2014 | Politics

In the video below, Retro Report looks back at the "Detroit sleeper cell" case, the first post-9/11 terror convictions. In a case that would bode ill ...

Finally, a Prosecutor Goes to Jail for Evidence Tampering

David A. Love | Posted 01.23.2014 | Crime
David A. Love

It was a long time coming, but finally America has reached a milestone in the area of criminal justice. In Texas, a former D.A. has made history by becoming the first prosecutor in U.S. to suffer criminal punishment for failing to turn over exculpatory evidence.

For the First Time Ever, a Prosecutor Will Go to Jail for Wrongfully Convicting an Innocent Man

Mark Godsey | Posted 11.08.2013 | Crime
Mark Godsey

Today in Texas, former prosecutor and judge Ken Anderson pled guilty to intentionally failing to disclose evidence in a case that sent an innocent man, Michael Morton, to prison for the murder of his wife.

Missouri's Culture Of Conviction

Radley Balko | Posted 11.08.2013 | Politics

This week, a state appeals court in Missouri vacated the conviction of 29-year-old Ryan Ferguson. In 2005, Ferguson was convicted for the murder of Ke...

Radley Balko

Appeals Courts Give Misbehaving Prosecutors Privilege Of Anonymity

HuffingtonPost.com | Radley Balko | Posted 10.07.2013 | Politics

Last month, a three-judge panel from the U.S. Court of Appeals for the Ninth Circuit ruled that a prosecutor in San Mateo County, Calif., committed "t...

Jimmy Dennis and Pennsylvania's Grave Miscarriage of Justice

David A. Love | Posted 01.23.2014 | Crime
David A. Love

The stakes are so high -- literally life and death -- and yet the error rate is so high as well. Certainly a factory would be shut down if every ninth or 10th product coming off the assembly line was defective.

Danziger Bridge and the State of Prosecutorial Accountability

Deborah Jane Cooper | Posted 12.01.2013 | Crime
Deborah Jane Cooper

The Danziger Bridge case, in part no doubt because of its high-profile nature, is to be the rare example where prosecutors face real professional consequences for violating their ethical and professional responsibilities.

An Update In The Story Of Ann Colomb

Radley Balko | Posted 09.04.2013 | Politics

Back in 2008, I wrote a long piece for Reason magazine about the Colombs, a black, working class family in Church Point, Louisiana. The Colombs' story...

Radley Balko

The Untouchables: America's Misbehaving Prosecutors, And The System That Protects Them

HuffingtonPost.com | Radley Balko | Posted 08.05.2013 | Politics

NEW ORLEANS -- Some questions seem particularly prone to set John Thompson off. Here's one he gets a lot: Have the prosecutors who sent him to death r...

Judge and Prosecutor Secretly Texting During Murder Trial

Spencer Aronfeld | Posted 08.23.2013 | Crime
Spencer Aronfeld

When a Broward jury convicted Omar Loureiro for murder and his judge sentenced him to death; neither he, his defense lawyers, nor the jury knew that the prosecutor and judge were secretly chatting and texting hundreds of times throughout the course of the trial.

Putting the Brakes on Philly's Death Penalty

David A. Love | Posted 07.14.2013 | Black Voices
David A. Love

The followings are remarks I gave on May 4 at the kickoff rally of the Philadelphia Moratorium Campaign at the First United Methodist Church of German...

Radley Balko

Landmark Case Turns 50 -- But Defense Attorneys Aren't Celebrating

HuffingtonPost.com | Radley Balko | Posted 05.13.2013 | Politics

One of the Supreme Court's most celebrated criminal procedure decisions turns 50 years old Monday. By a 7-2 vote, the Court ruled in the 1963 case Bra...

Why Is Don Siegelman Still in Jail?

Bennett L. Gershman | Posted 06.17.2013 | Politics
Bennett L. Gershman

Despite all this, President Obama, apparently on advice from his "Pardon Attorneys," has refused to grant Siegelman a pardon or commute his seven-year sentence. Why?

Professional Discipline of Federal Prosecutors Reaches a New Low

Bennett L. Gershman | Posted 06.09.2013 | Crime
Bennett L. Gershman

An administrative judge has vacated suspensions of two federal prosecutors who were disciplined by the Justice Department for their flagrant misconduct in prosecuting and convicting the late Senator Ted Stevens.