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Thursday, September 15, 2011
Essay on Prosecutorial Misconduct
When a person is convicted of a crime, he has the right to undergo the normal procedures at court. The hearing, defending, getting his own lawyer in order to defend the case he is in, or whether just to justify the crime that he may or may have not done. And in all these cases, honesty must be observed so as to serve true justice. But what would happen if prosecutor misconduct arises?
Paul Ciolino reported in 2005 that prosecutor misconduct is very alive in America, and is indeed, wicked (108). In prosecutor misconduct, defendants were tortured and forced to commit to crimes they do not actually do. On other events, witnesses are threatened and harassed to speaking things other than the truth or worse, making false identification and addition to the stated facts.
Others may view such misconduct as a defense or a misdeed, accessory to a crime. It all depends on which side you are on. Either way, misconduct is still misconduct. And another reason why a prosecutorial misconduct still remains is because it is rarely investigated (Garrett, 168). We may even have no experience hearing news that a prosecutor has been accused of prosecutorial misconduct. It is because for them, it is nothing but an art of getting out the truth. For them, it is the only way to get people to speak. And that is, through torture and harassment.
By learning that prosecutor misconduct is everywhere and that it seems like there is no way out of it, one may think that really, there is nothing we can do about it. But then you would be wrong. You would be surprise to know that no matter how strong these prosecutors may be, or how powerful they are, you still have a way of getting out of such misconduct. One is the direct constitutional action against those prosecutors who are inflicting thoughts and conspiring with the witnesses. Another is through demanding a pre-trial expert discovery or even filing a petition wherein you can ask for the hearing to be resumed after 70 days from filing such petition.
Other courses of action can still be done about prosecutor misconduct. You just have to ask some knowledgeable person in order to support you with your case. After all, prosecutor misconduct may also be classified as a crime, since it involves the twisting of truth, which anybody should not be deprived of.
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