Less than 1 percent of prosecutors who commit misconduct in California are prosecuted. Duh. When the rate of prosecution is so low the incentive to avoid committing misconduct is very small indeed. 99+ percent of the prosecutors bar can safely rely on their own honor, or lack thereof, to keep the public safe from prosecutorial misconduct.
With such a cozy relationship with the State Bar Court, is it any wonder our system is so corrupt.
“The report included recommendations for reform. It called for district attorneys to adopt internal policies that do not tolerate misconduct. It also called for the state bar to increase disciplinary transparency.”
I fully support these recommendations, and think that there should be more disciplinary actions taken against prosecutors who deliberately violate the ethics rules.
That said, I take the Innocence Projects’ “statistics” worth a grain of salt.
“Misconduct” can be defined as broad as a prosecutor’s unintentional slip of the tongue.
During a stabbing case I conducted a few years ago, the trial judge ordered that the part of the Defendant’s videotaped confession which included the defendant talking about being from Mexico and having 3 fake IDs when arrested be precluded. This particular Defendant wasn’t charged with forgery, possession of a fraudulent documents, or illegally entering the US. During the trial itself, as I was potting up the Defendant’s confession after it was entered into evidence, I turned up the volume a few seconds too soon to the part when the Defendant said he was from Mexico (but turned it down before anything else could be heard). Technically, that accident might have been considered misconduct, but ultimately it was harmless since the victim was also from Mexico and testified to that, testified through a Spanish interpreter, and was heavily implied (over my objections) by the defense attorney to be in the US illegally himself. Not to mention the rest of the video was the Defendant admitting that he stabbed the victim with a butcher knife three times because he was pissed at him.
So, before you damn the souls of all prosecutors to hell whose errors or misconduct may technically be considered harmless, have a little perspective.
Oh yes, I’m sorry. I didn’t realize I was in the Pit and that I must put everything in perspective and not exaggerate and paint with an over broad brush. I take it all back. Fuck no.
I hate to go all Bricker on you, but the answer really depends on what you mean by “criminal cases” and “defended”. As for your evaluation, you are perhaps being a little hyperbolic? Even if I’ve just read about and/or attended a few trials, I would know more than “zero” for all non-Pit values of zero. I’m primarily a civil lawyer, and now that I think back on it, I have actuallly defended a number of misdemeanor cases, and one case in front of the State Bar Court and advised on a number of others. Prosecutors bring cases that are utter shit, and police lie through their teeth.
My opinion of prosecutors is informed by a number of cases I’ve encountered over the years and a few I’ve read about, including Nifong and the Benjamin Fields case. While I am sure that there are honest prosecutors out there, it’s the 99 percent of the prosecutors that are giving the other 1 percent a bad name.
That there is insufficient self-policing by fellow prosecutors is a large part of the problem.
All those Illinois cases with wrongful death penalty convictions due to prosecutorial and police misconduct? Where are all the prosecutions of the prosecutors and police that faked and overstated evidence in capital cases? The ethics prosecutions? They don’t exist and never will because prosecutors won’t go after their own for conduct that is the worst possible.
Until prosecutors start prosecuting their own for ethical and criminal lapses as fast and as relentlessly as they prosecute the innocent, Nifong and Fields will be the exception. And neither of these fuckers is in jail or facing jail or even indictment, despite the fact that they committed crimes.
Oak, I’m going to throw back the challenge at you: until you can honestly say that you prosecute dirty prosecutors, you don’t know what the fuck you are talking about.
Well…I don’t do criminal at all anymore, and when I did it was strictly defense, but my experience is much different than yours, and likely involves more actual experience in criminal trials. You’re saying all prosecutors are unethical based on the actions of a few. You ought to know what a flimsy argument that is. That’s as nonsensical as the usual suspects around here that say all cops/conservatives/people that disagree with a political position are unethical, stupid, and otherwise unpleasant company.