Lets Not Forget to Blame the Defense Attorney for Prosecutorial Misconduct

What’s the attorney doing when a prosecutor commits misconduct?

Should he just sit there and do nothing? I think not!

Prosecutor misconduct occurs when in the course of their duties they act in ways that are unethical and illegal. Withholding evidence, witness tampering, introduction of false evidence and improper closing arguments are just a few of the tactics used by prosecutors to ensure that they win their conviction. It is hard to understand why a prosecutor would want to deliberately withhold evidence of a person’s innocence but this trend has become an epidemic.

However, it is the attorney’s responsibility to report any misdeeds done by the prosecutor.

{Criminal defense attorneys are skeptical about reporting misdeed by prosecutors for fear of retaliation on their future clients. “Defense attorneys know that their future clients are at the mercy of the [prosecutor’s] office and its wide-ranging discretion in determining charges and plea offers in future cases.” Criminal defense attorneys have a strong incentive to allow unreported misconduct because the cost to their future clients can be significantly high}

So what is this saying? It is saying that the attorney is selling out his client to the prosecutor. It is a trade off.

A quid pro quo

The attorney and prosecutor negotiate on that client the attorney really wants to zealously represent.

Lets forget about the client being thrown under the bus.

Lets forget about the money the client paid to attorney.

Lets forget about the client’s rights.

Lets forget about the attorney’s responsibility to their client.


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