Prosecutorial Misconduct In Criminal Justice

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The Pretrial process is very important to any case. It is important to both sides. It sets the climate for the prosecution’s strategy and it helps the defendant’s lawyer know how he needs to best set up the defense for his client. Bail is set for the defendant, and an examination of the facts is also reviewed. If a grand jury is chosen there are rules that have to be followed in order for a fair trial to be given. The same can be said for the conduct of the prosecutor and his team. Some say the phrase, “Innocent until proven guilty” helps the defendant in a courtroom, and that the prosecutor has the burden of proving guilt.
The pretrial detention is defined as the detaining of an accused person in a criminal case before the trial as even taken place in court. Normally the reason this type of action takes place is because either failure to post bail, or due to the denial of release under a pretrial detention statue. The tradition in bail is which the defendants favor and accord with the due process model of the criminal justice system. It
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Prosecutorial misconduct is an act that is illegal or an intentional neglect of an act from a prosecuting attorney. A prosecuting attorney is an advocate of the government and has to abide by the laws and code of ethics they swore to uphold. The codes of conduct for judicial employees are to have integrity, avoid impropriety, and perform duties with appropriate standards. “Fairness, dignity, impartiality, integrity and professionalism, are all what should foremost epitomize all those serving under the National Prosecution Service,’ Justice Secretary Leila de Lima said” (Lontayao, 2010). Prosecutors should not accept bribes, be solicited, falsify documents, forge transportation request, embezzle or conversion of government money. The list of codes of conducts is extensive and requires prosecutors to do the right thing no matter

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