Prosecutorial Misconduct


	Print or Email This Page Prosecutorial Misconduct Prosecutorial overreaching and misconduct distort the truth-finding process and taint the credibility of the criminal justice system, including the outcomes they generate. The recent cases involving former Senator Ted Stevens, chemical conglomerate W.R. Grace, Blackwater security guards, and the alleged stock-option backdating at Broadcom, all provide clear-cut examples that have thrust the misconduct issue into the public consciousness. Where conviction rates and win-at-all-cost attitudes eclipse the goal of ensuring justice, the fundamental principles of our legal system are compromised. When prosecutors’ fundamental obligations are ignored and individuals’ rights are violated in order to secure a conviction, little can be done to rectify the wrongs inflicted upon the individuals involved and on the system itself. NACDL is dedicated to securing meaningful, systematic reform and to preventing the insidious harm caused when a prosecutor carelessly, or purposefully, fails in his or her duties to us all. As part of this continued mission, NACDL recently focused two issues of The Champion on prosecutorial misconduct. The January/February issue examines The Culture of Non-Disclosure, as highlighted by these recent high-profile cases, and the March issue explores Federal Discovery Reform and The Department of Justice’s inadequate response to prosecutorial misconduct and systematic non-disclosure. So long as this serious deficiency exists in the criminal justice system, NACDL will be on the frontlines seeking to ensure justice and due process for all and to promote the proper and fair administration of criminal justice. Additional resources on prosecutorial misconduct and possible reform are provided below. Laws, Regulations, Ethics Opinions and Other Commentary 28 U.S.C. � 530B, Ethical standards for attorneys for the Government (McDade Amendment) 28 C.F.R. � 77, Ethical standards for attorneys for the Government 28 C.F.R. � 50.2, Release of information by personnel of the Department of Justice relating to criminal and civil proceedings ABA Model Rules of Professional Conduct (Table of Contents) – Rule 3.6 Trial Publicity Comment to ABA Model Rule 3.6 Rule 3.8 Special Responsibilities Of A Prosecutor Comment to ABA Model Rule 3.8 ABA Standards for Criminal Justice: Prosecution and Defense Function – Prosecution Function ABA Formal Opinion 09-454 – Prosecutor’s Duty to Disclose Evidence and Information Favorable to the Defense, July 8, 2009 Letter from U.S. District Court Judge Emmet G. Sullivan, to the Chair of the Judicial Conference Advisory Committee on the Rules of Criminal Procedure, April 28, 2009 Department of Justice (DOJ) Press Releases, Policies and Publications U.S. Attorney’s Manual – Titles 1 and 9 DOJ Justice Management Divisions – Government Ethics Outline DOJ Office of Professional Responsibility – Analytical Framework re: allegations of prosecutorial misconduct (2005) Press Release: Andrew Goldsmith Appointed as National Coordinator of Criminal Discovery Initiatives, January 15, 2010 Justice News: Memos to U.S. Attorneys: Establishing Guidance for Prosecutors Regarding Criminal Discovery, January 4, 2010 Press Release: Department Asks Alaska Corruption Cases Be Remanded to District Court, Former State Representatives Be Released, June 4, 2009 Press Release: Statement of Attorney General Eric Holder Regarding U.S. v. Theodore Stevens, April 1, 2009 Joint Congressional Hearing on: “Allegations of Selective Prosecution: The Erosion of Public Confident in Our Federal Justice System” Majority Staff Report on Allegations of Selective Prosecution in Our Federal Criminal Justice System, April 17, 2008 Former State AGs Petition in Support of Siegelman Submission from Alliance for Justice on Siegelman Additional hearing-related materials here. Cases of Prosecutorial Misconduct U.S. v. Stevens, Motion of the United States to Set Aside the Verdict and Dismiss the Indictment with Prejudice U.S. v. Ruehle, Court Order Dismissing Case Against Broadcom’s Henry Nicholas III and William Ruehle U.S. v. Slough, Memorandum Opinion Granting the Defendants’ Motion to Dismiss the Indictment (Blackwater Case) U.S. v. Shaygan, Order on Defendant’s Motion for Sanctions Under Hyde Amendment U.S. v. Chapman, Ninth Circuit Opinion Affirming Dismissal for Prosecutorial Misconduct Law Reviews and Other Publications Malia Brink, A Pendulum Swung Too Far: Why the Supreme Court Must Place Limits on Prosecutorial Immunity, 4 Charleston L. Rev. 1 (2009) Bruce A. Green, Regulating Federal Prosecutors: Let There Be Light, 118 Yale L.J. Pocket Part 156 (2009) American Bar Association, Crossing the Line: Responding to Prosecutorial Misconduct (2008) James K. Robinson, Restoring Public Confidence in the Fairness of the Department of Justice’s Criminal Justice Function, 2-2 Harv. L. Pol’y Rev. 237 (2008) Bennett L. Gershman, Litigating Brady v. Maryland: Games Prosecutors Play, 57 Case W. Res. L. Rev. 13 (2007) Peter J. Henning, Prosecutorial Misconduct And Constitutional Remedies, 77-3 Wash. U. L.Q. 713 (1999) View additional archived materials here.
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