04
Prosecutorial misconduct
The power to prosecute carries a duty to seek justice
Prosecutors control charging decisions, plea offers, and access to critical evidence. That authority must be exercised fairly, with disclosure of favorable and impeachment evidence and respect for the accused person’s constitutional rights.
What failure can look like
- Withholding favorable or impeachment evidence
- Improper arguments, misleading statements, or witness pressure
- Retaliatory charging or coercive plea practices
Protect the record
Preserve discovery correspondence, disclosure dates, plea offers, transcripts, motions, court rulings, and the original source of any later-discovered evidence.