Tuesday, August 24, 2010

Chicago Criminal attorney comments on prosecutorial mistakes v. prosecutorial misconduct

This Chicago Criminal attorney is surprised that prosecutors are in need of protection.
No, not from the wrath of a deranged criminal defendant who would do them physical harm, but from the concept that when they make a mistake it may very well be labeled prosecutorial misconduct.

Prosecutorial Error / Misconduct Distinction
RESOLVED, That the American Bar Association urges trial and appellate courts, in criminal cases, when reviewing the conduct of prosecutors to differentiate between “error” and “prosecutorial misconduct.”

Do you really believe there have been findings of prosecutorial misconduct that were actually mistakes?

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