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Topic
prosecutorial misconduct
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Overview
In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment." It is similar to selective prosecution. Prosecutors are bound by a sets of rules which outline fair and dispassionate conduct.
Types of misconduct
Failure to disclose exculpatory evidence
False confession
Falsified evidence
Malicious prosecution
Prosecutorial corruption
Retaliatory prosecution
Selective prosecution
Subornation of perjury
Examples and remedies
In late 1993, the 6th US Circuit Court of Appeals ruled that John Demjanjuk had been a victim of prosecutorial misconduct during a 1986 trial in which federal prosecutors withheld evidence. Demjanjuk's sentence was overturned, but he lost when his case was retried. See Brady v Maryland.