For the Defense - Vol. 6, Issue 1 - 11
The Office of Disciplinary
Counsel's Initiative on
Prosecutorial Misconduct
M
onth after month, we read reported
decisions, in Pennsylvania and elsewhere,
which overturn convictions for the
prosecutor's failure to disclose exculpatory evidence,
for misrepresentations, and improper arguments. In
other cases, the trial court dismisses for prosecutorial
misconduct, or the risk of reversal elicits an unusually
lenient plea offer. In yet others, a reviewing court
acknowledges that there likely was misconduct but
deems it harmless in the context of the overwhelming
evidence of guilt or avoids the issue by finding other
reversible error.
Criminal prosecutors enjoy absolute immunity
from suit under the Civil Rights Act for violations of
a defendant's rights committed in the course of their
duties. To justify this immunity, the U.S. Supreme
Court has cited the existence of other remedies to
prosecutorial misconduct, including " amenability to
professional discipline by an association of his peers. " 1
Yet we seldom read of professional discipline imposed
on prosecutors. Often, prosecutors nonetheless learn
and avoid similar acts, but occasionally, the misconduct
reoccurs, the individual prosecutor undeterred and
Thomas J. Farrell
his colleagues taught that the disciplinary remedy is
toothless.
The purpose of the Pennsylvania attorney disciplinary
system is to protect the public and ensure the integrity
of the legal system, by instructing the bar on what is
and is not proper conduct, and by imposing sanctions
that admonish errant attorneys, restrict their ability to
practice, and deter other attorneys from misconduct.2
In an effort to advance those goals when it comes to
criminal prosecutors, ODC has changed our internal
policies and initiated an effort to become more
effective in investigating and prosecuting misconduct
by criminal prosecutors. This article describes those
efforts and invites assistance from the bar.
Importance of the Initiative
Misconduct by prosecutors poses a serious threat
to the integrity of our legal system. I do not mean
that misconduct by prosecutors is prevalent. In
my experience most prosecutors, like most public
defenders, are people of the highest integrity who take
seriously their mission to protect the public and ensure
a process that convicts the guilty, protects the innocent
Vol. 6, Issue 1 l For The Defense
11
For the Defense - Vol. 6, Issue 1
Table of Contents for the Digital Edition of For the Defense - Vol. 6, Issue 1
Contents
For the Defense - Vol. 6, Issue 1 - 1
For the Defense - Vol. 6, Issue 1 - 2
For the Defense - Vol. 6, Issue 1 - Contents
For the Defense - Vol. 6, Issue 1 - 4
For the Defense - Vol. 6, Issue 1 - 5
For the Defense - Vol. 6, Issue 1 - 6
For the Defense - Vol. 6, Issue 1 - 7
For the Defense - Vol. 6, Issue 1 - 8
For the Defense - Vol. 6, Issue 1 - 9
For the Defense - Vol. 6, Issue 1 - 10
For the Defense - Vol. 6, Issue 1 - 11
For the Defense - Vol. 6, Issue 1 - 12
For the Defense - Vol. 6, Issue 1 - 13
For the Defense - Vol. 6, Issue 1 - 14
For the Defense - Vol. 6, Issue 1 - 15
For the Defense - Vol. 6, Issue 1 - 16
For the Defense - Vol. 6, Issue 1 - 17
For the Defense - Vol. 6, Issue 1 - 18
For the Defense - Vol. 6, Issue 1 - 19
For the Defense - Vol. 6, Issue 1 - 20
For the Defense - Vol. 6, Issue 1 - 21
For the Defense - Vol. 6, Issue 1 - 22
For the Defense - Vol. 6, Issue 1 - 23
For the Defense - Vol. 6, Issue 1 - 24
For the Defense - Vol. 6, Issue 1 - 25
For the Defense - Vol. 6, Issue 1 - 26
For the Defense - Vol. 6, Issue 1 - 27
For the Defense - Vol. 6, Issue 1 - 28
For the Defense - Vol. 6, Issue 1 - 29
For the Defense - Vol. 6, Issue 1 - 30
For the Defense - Vol. 6, Issue 1 - 31
For the Defense - Vol. 6, Issue 1 - 32
For the Defense - Vol. 6, Issue 1 - 33
For the Defense - Vol. 6, Issue 1 - 34
For the Defense - Vol. 6, Issue 1 - 35
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For the Defense - Vol. 6, Issue 1 - 37
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For the Defense - Vol. 6, Issue 1 - 41
For the Defense - Vol. 6, Issue 1 - 42
For the Defense - Vol. 6, Issue 1 - 43
For the Defense - Vol. 6, Issue 1 - 44
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