Few Repercussions for Prosecutorial Misconduct
There are few repercussions for prosecutors accused of even the most egregious misconduct.

February 12, 2011 /24-7PressRelease/ -- A recent USA Today investigation shows that -- in even the most egregious examples -- federal prosecutors face little or no recourse for misbehavior. The USA Today study examined hundreds of cases of alleged prosecutorial misconduct that, while admittedly only affecting a small percentage of cases filed, had a profound effect on the judicial process.

Many of the cases examined involved government overreaching and misbehavior so severe it resulted in overturned convictions, dropped charges, attorney sanctions, the release of hardened criminals and millions of dollars in lawsuit payments.

While prosecutorial misconduct happens at all levels of government, the USA Today investigation primarily focused on that involving federal prosecutors. These attorneys fall under the purview of the United States Justice Department, and allegations of misconduct against them are examined by federal Office of Professional Responsibility (OPR).

That office is notoriously lax on discipline against offending attorneys. For example:
- The majority of cases of misconduct were officially classified by the OPR as "unintentional" or "mistaken" in spite of the fact that trial judges in the cases cited prosecutors for acting in clear violation of the defendant's constitutional rights
- Even in cases where the OPR finds that a prosecutor has acted wrongly, he or she is unlikely to face anything more severe than a letter of admonishment or a nominal suspension
- Federal privacy laws prevent the release of information detailed in any internal investigation performed by the OPR, so no real record of a particular prosecutor's disciplinary record is available to the public

With the understanding that the prosecution is not above overstepping the bounds of constitutional and statutory protections in order to secure a conviction, it is vitally important that you have a seasoned criminal defense attorney at your side to protect your rights and ensure that the government is acting properly through the duration of your case.

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