PROSECUTORIAL MISCONDUCT 4
Prosecutorialmisconduct can be defined as failing to act or illegal act on theprosecutor’s part. It takes place when there is an attempt to swaythe judges to either convict a defendant wrongly or to imposepunishment to the defendant harsher than the appropriate one(Champion et al., 2012).
Theprosecutorial misconduct is a major problem in the American judicialsystem. The writers Brad Heath and Kevin McCoy indicated that USA hassince 1997 documented 201 cases that the federal courts ruled thatthe prosecutors violated either laws or ethics rules. Theseviolations led to innocent people put in prison. The fact henceindicates that prosecutorial misconduct is a major challenge in theAmerican judicial system. The available sanctions are barring theprosecutors from practicing law. These sanctions are not adequatepartly because they have not born any significant fruits consideringthe problem is escalating and also the law is easily swayed in thefavor of prosecutors. It is worth to understand that, in the lasttwelve years only one prosecutor was sanctioned whereby he was justtemporarily barred from practicing law (Lawless, 2008).
Everyprosecutor found guilty of prosecutorial misconduct should first paythe defendant all the losses incurred, barred from exercising lawand also be arrested for a couple of years irrespective of whetherthe prosecutorial misconduct happened intentional or unintentional.The losses suffered by the defendant should be imposed to theprosecutor. By this undertaking, the prosecutors will be serious andwill not allow any influence to violate the law against the defendantsince the cost will be on him or her. I feel prosecutorial misconductcan be eliminated. Despite the fact that it is not uneasy task, ifheavy charges are imposed to any prosecutor found guilty ofprosecutorial misconduct the prosecutors will start practicing law ina just manner (Champion et al., 2012).
Champion,D. J., Hartley, R. D., & Rabe, G. A. (2012). Criminalcourts: Structure, process, and issues (3rd ed.).Upper Saddle River, NJ: Pearson Education, Inc.
Lawless,J. F. (2008). Prosecutorialmisconduct: Law, procedure, forms.Newark,N.J.: LexisNexis