Catalog of Prosecutorial Misconduct and Abuses
The ways in which prosecutors unlawfully obtain convictions number in the hundreds or thousands, but some of the specific techniques are so effective and non-public that they tend to be repeated.
There follows a growing catalog of prosecutorial misconduct and abuses for review by victims and their attorneys, to try to determine if they have any rights to protect or misconduct to reverse prosecute, in one forum or another:
- Threatening the wife (or spouse) with an indictment if the husband does not plead guilty.
- Falsely claiming, with no factual basis, that the defendant has money in swiss bank accounts to get the judge to set an artificially high bail, to deprive the defendant of funds needed to defend himself
- Falsely claiming, with no factual basis, that the defendant has money in swiss bank accounts to get the judge to set an artificially high bail, to prevent the threatened spouse, if also indicted, from raising bail to get out of jail
- Seeking excessive bail together with house arrest to ensure that the defendant has no assets or income with which to fight the indictment and prosecutorial excesses
- Communicating with prospective witnesses to tell them that the evidence before the grand jury shows that the defendant is guilty
- Communicating with persons who would provide assets for the defendant's bail to discourage them from putting up the needed bail
- Failing to obtain any expert testimony in a forgery case
- Communicating with the media to advise them which experts to use
- Failing to accept volunteered exculpatory statements from witnesses
- Communicating with witnesses and asking them not to participate in a civil (defamation) lawsuit brought by the defendant
- Commencing a grand jury investigation at the request of a biased TV investigative broadcast with whom the prosecutor was having, and continued to have, communications
- Failing to subpoena persons who had exculpatory evidence
- Threatening to increase criminal penalties if the defendant is convicted for attempting to enforce the defendant's rights in related civil litigation
- Rousting the defendant at 6:00 a.m. to arrest and transport to jail (prior to any indictment) when the defendant's lawyer would have produced the defendant for arrest and booking if requested
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Copyright © 1998 by Carl E. Person