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Essay / Research Paper Abstract
A 3 page consideration of certain cases involving ethical breaches and misconduct on the part of the prosecuting attorney. This paper specifically considers the Duke sexual assault case and two cases where the Patriot Act was used to prosecute individuals for much more serious offenses than what they actually committed. Bibliography lists 4 sources.
Page Count:
3 pages (~225 words per page)
File: AM2_PPlwProsecutionEth.rtf
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Unformatted sample text from the term paper:
a particularly important role in this process. While often thought of as the entity of the court that is determined to achieve a conviction, the prosecutor is actually supposed
to seek justice and justice does not always mean that someone being tried for a crime is actually guilty of that crime and convicted. Unfortunately, there are many instances
when prosecutors have focused on conviction even when the evidence introduced an element of uncertainty as to guilt. In such cases of prosecutorial misconduct, the end never justifies the
means. Sabotaging our system of justice all in the name of a conviction leaves an indelible scar not just on those that are wrongly prosecuted but on the judicial
system as a whole. One of the most publicized cases charging prosecutorial misconduct is Duke Universitys sexual assault case that unwound in 2006.
Three Duke University lacrosse players were charged with gang raping a twenty-eight year old woman. Durham District Attorney Mike Nifong was subsequently charged with making prejudicial statements to
the press and even with withholding key DNA evidence. The prosecutor in the case ultimately withdrew from the case and it was turned over to North Carolinas attorney general
(Seattle Times, 2007). The Duke rape made national headlines and could not help but result in an upswing in the publics distrust of
the legal system and the ability of our courts to act fairly and impartially regardless of the type of crime, who the victim is, and who the defendant is.
Unfortunately, cases of prosecutorial misconduct are actually much more common than national headlines would reveal. Consider, for example, some of the cases that have developed in regard to the
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