LA Criminal Defense Attorney Explains Prosecutorial Misconduct

Prosecutorial misconduct occurs when a prosecutor fails to abide by the ethical code outlined by their state’s rules of conduct. Most prosecutor ethical duties are very similar throughout the U.S., but there are slight differences amongst certain states. In California, prosecutors are prohibited from prosecuting defendants that they know are innocent, and also from holding back evidence that would materially benefit the defense. Although the underlying duty of a prosecutor is to seek justice, and not merely to convict, human error and overzealous prosecutors often measure success by the number of convictions they are responsible for, instead of measuring by accuracy.

Prosecutors have a great deal of power, but abuse of this power significantly erodes the public’s trust and faith in the judicial system. With the spotlight on recent wrongful convictions in both California and throughout the country, prosecutorial misconduct is being highlighted – although this country has a history of leaving it in the shadows. There are pros and cons to creating media attention through the judicial system’s blunders. The advantage is that perhaps more stringent ethical standards will be placed on prosecutors, and also that prosecutors may prosecute future cases more carefully to avoid public embarrassment. The disadvantage is not so much a disadvantage, as it is a disappointment. With the spotlight on major judicial errors, the public loses faith in the judicial system, and the courts are no longer seen as a place of justice – but as a place of corruption and despair. These ideas are very present among those who are unable to afford private defense attorneys.  

Recent Prosecutorial Misconduct Scandals
It’s important to note that under the ethical rules, police misconduct may also be imputed to the prosecution. This means that in many cases, when there is police misconduct, and the prosecution uses information or evidence gathered from the misconduct, the prosecutor has also violated her ethical duties. One of the most jaw-dropping recent scandals comes out of Orange County, California – where both prosecutors and police were working together to cover up exculpatory evidence, even after the court issued several discovery orders. The scandal affected nearly three-dozen cases, and the misconduct by the Orange County Sheriff’s Department occurred for nearly 25 years. It turns out that the District Attorney’s Office and the OC Sheriff’s Department were running a jailhouse informant program that violated defendants’ constitutional rights and helped prosecutors to strengthen and win their cases unfairly.

Making a Murderer
While we deal with our own prosecutorial scandals in California, other instances of prosecutorial misconduct throughout the country are also gaining attention. Perhaps the most talked about is the Netflix documentary series “Making a Murderer.”  The story is about Steven Avery, a man who was wrongfully convicted of sexual assault and attempted murder. After being exonerated, Avery brought a multi-million dollar lawsuit against the county in which he was convicted – as well as several officials within that county. However, before he would even see his settlement money, Avery was charged and convicted of murdering a young, local photographer. Questions remain regarding the integrity of the prosecutors and the investigators in the murder case. It is also suspicious that investigators focused in on Avery’s young nephew. After interrogations full of leading questions and feeding the nephew information, the nephew soon implicates himself, and is also charged and convicted. The Avery story is full of questions regarding how far investigators and prosecutors will go in order to prove themselves. Focusing on someone who is young, has a low IQ, or is unsophisticated is not a new investigative tactic.

Unfortunately, those with a socioeconomic disadvantage are most prone to being victims of prosecutorial misconduct. It can take significant resources to properly defend yourself; especially against serious charges. Though the public’s view of the judicial system is grim, it is likely that we are reaching a breaking point – where hopefully sweeping changes will soon follow. The Avery and Orange County cases demonstrate how important it is to have competent counsel in your corner, especially against an opponent who has the capability and reputation of fighting dirty.

As awareness of prosecutor misconduct grows, so must the response to eliminate it.  In 2015, Assembly Bill 1328 was passed to further discourage prosecutorial misconduct.  It mandates that the prosecuting agency be recused from the case and the case dismissed for violations such as Brady violations and other breaches of ethical duties.  If you or a loved one is facing criminal charges, it is important to have great representation, specifically an attorney who can identify, take on and prevent prosecutorial misconduct.  Contact us now for a free consultation with a Los Angeles Criminal Defense Attorney.  213-375-3775.