This week in CQ Researcher

Prosecutors and the Law by Kenneth Jost, November 9, 2007

Is prosecutorial misconduct a serious problem?

Three former Duke University lacrosse players are putting their lives back together after being wrongfully accused of rape in a sensational case that dominated headlines nationwide for more than a year. The case collapsed after Durham, N.C., District Attorney Michael B. Nifong was shown to have withheld evidence that law and ethical rules require be turned over to defense lawyers. Nifong’s actions resulted in his resignation and disbarment and helped generate widespread debate about prosecutorial misconduct.

Prosecutors say misconduct occurs only infrequently. But many critics say infractions are more common than prosecutors acknowledge and rarely are punished.

Should courts make it easier to reverse convictions resulting from prosecutors’ legal mistakes?

Should state bars increase penalties and sanctions for mistakes by prosecutors?

Should prosecutors be subject to civil lawsuits for misconduct?

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