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NCJRS Abstract

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NCJ Number:	51002

Title:	PROSECUTORIAL MISCONDUCT

Journal:	AMERICAN CRIMINAL LAW REVIEW Volume:16 Issue:1 Dated:(SUMMER 1978) Pages:83-96

Author(s):	G S MAYERSON

Corporate Author:	American Bar Assoc Criminal Justice Section United States of America

Date Published:	1978

Page Count:	14

Sponsoring Agency:	American Bar Assoc Washington, DC 20005-1009

Format:	Article

Language:	English

Country:	United States of America

Annotation:	U.S. SUPREME COURT DECISIONS TO BOTH GRANT AND WITHHOLD REVIEW OF SELECTED CASES DEALING WITH PROSECUTORIAL MISCONDUCT ARE DISCUSSED.

Abstract:	DURING THE 1977-1978 TERM, THE COURT GRANTED CERTIORARI TO CASES INVOLVING THE FOLLOWING QUESTIONS: (1) MAY A PROSECUTOR ENCOURAGE AN ACCUSED TO ENTER A GUILTY PLEA BY THREATENING, AT A PLEA BARGAINING SESSION, TO BRING A SECOND INDICTMENT CHARGING ADDITIONAL CRIMES? (2) WHEN THE PROSECUTION DELAYS BRINGING AN INDICTMENT, DOES THE DOUBLE JEOPARDY CLAUSE BAR A SECOND TRIAL AFTER THE COURT, AT THE DEFENDANT'S THIRD REQUEST, DISMISSES THE INDICTMENT DURING THE TRIAL ON THE GROUNDS OF PREACCUSATION DELAY? AND (3) DO STATEMENTS BY THE PROSECUTION THAT EVIDENCE AGAINST THE DEFENDANT WAS UNCONTRADICTED AND UNREFUTED CONSTITUTE COMMENT UPON THE FAILURE OF THE DEFENDANT TO TESTIFY? THE COURT HAS DECLINED TO CONSIDER THE FOLLOWING ISSUES OF PROSECUTORIAL FUNCTIONING: (1) IN WHAT CIRCUMSTANCES WILL A PROSECUTOR'S PREJUDICIAL STATEMENTS MADE TO THE JURY CONSTITUTE REVERSIBLE ERROR? (2) WHAT IS THE OUTCOME WHEN A PROSECUTOR ELICITS PREJUDICIAL TESTIMONY FROM A WITNESS EITHER BECAUSE OF EVIL INTENT OR BECAUSE OF INEPTITUDE? (3) IS IT A DENIAL OF DUE PROCESS WHEN THE GOVERNMENT UNWITTINGLY USES FALSE EVIDENCE TO CONVICT AN ACCUSED? (4) WHAT INSTANCES OF FAILURE BY THE PROSECUTION TO PRESENT EVIDENCE ALLEGEDLY EXCULPATORY TO THE ACCUSED WILL CONSTITUTE A DENIAL OF DUE PROCESS? AND (5) MAY THE PROSECUTION COMMENT ON A DEFENDANT'S POSTARREST SILENCE AFTER THE DEFENDANT MADE INITIAL ADMISSIONS TO THE POLICE AND THEN DECIDED TO INVOKE THE RIGHT TO SILENCE? REFERENCES ARE FOOTNOTED. (AUTHOR ABSTRACT MODIFIED--KBL)

Index Term(s):	Abuse of authority; Judicial review; Prosecutors; US Supreme Court



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