What is Prosecutorial Misconduct in Los Angeles?

The principle of natural justice protects defendants in criminal cases. Under the doctrine, a defendant is entitled to a fair and unbiased trial based on the truth, which will lead to the responsible party being held accountable for his/her criminal acts. Prosecutors bear the burden of presenting the truth in every case.  

When prosecutors engage in illegal or unethical behavior in a criminal case, they violate the tenets of natural justice. Defendants end up falsely convicted and spend a significant portion of their lives in jail or prison.

What actions describe prosecutorial misconduct? Is there a reprieve if your conviction resulted from prosecutorial misconduct? And will the prosecutor found to have engaged in misconduct be held responsible for his/her actions?

These are some of the questions this article seeks to address for you to understand prosecutorial misconduct better.

Overview of Prosecutorial Misconduct

Justice, as is expected to be dispensed in courts of law, does not mean that the prosecution wins a case but that the facts shall guide the determination of a case. Therein lies the duty of prosecutors, that they are guardians of justice by presenting the facts of the case. Engaging in behavior beyond the bounds of fairness and factual representation of the case leads to wrongful convictions and unjustifiable punishment.

Prosecutors exercise significant influence in most phases of criminal matters. They are influential participants in the investigation process, determining which charges to pursue, prosecuting the case in trial, and recommending sentences post-conviction. Therefore, a prosecutor can influence the course of a criminal matter, whether during the pre-trial, trial, or post-trial stages.

Some of the actions prosecutors engage in that amount to prosecutorial misconduct include:

• Employing improper investigative approaches — Entrapment is the common improper technique. It involves inducing individuals to commit a crime they were not otherwise disposed to commit.
• Introducing charges in bad faith without a reasonable chance at securing a conviction — Examples include introducing charges to retaliate against a perceived wrong or punish a political rival.
• Making statements to the media that will result in a prejudiced jury
• Tampering with evidence

So why do prosecutors engage in prosecutorial misconduct?

A DA's success is predominantly measured by the conviction rate. His/her success brings notoriety that is pivotal when seeking political positions, influence, and the compensation benefits attached to promotions. In other situations, political and public pressure influence a prosecutor's decision. While this should not be the case, the political and public fallout a dismissal of a case would result in is too great a consequence for some prosecutors to handle. Thus the prosecutor engages in the misconduct to ensure the case ends in a conviction.  

Forms of Prosecutorial Misconduct

Prosecutors have significant latitude when deciding whether to prosecute or not.

Note: Prosecutors do not have to file charges just because a crime occurred. Should they proceed to file charges, the courts believe their action is warranted. The courts further expect prosecutors to present their cases to the jury to determine your fate. Additionally, the belief that they will act ethically allows prosecutors to influence the decision on the penalties you will receive upon conviction.

Four circumstances are synonymous with prosecutorial misconduct. Prosecutors engage in these actions at the pre-trial, trial, and conviction stages of your case. They include: 

• Failing to disclose exculpatory evidence
• Introducing false evidence
• Discrimination in jury selection
• Using improper arguments

Let us look at each type of misconduct at length.

Failing to Disclose Exculpatory Evidence

Prosecutors are duty-bound to present all evidence in the case, both inculpatory and exculpatory. Inculpatory evidence incriminates your involvement in a crime. The jury will use this evidence to determine your guilt. On the other hand, exculpatory evidence exonerates you and helps establish your innocence.

Some prosecutors present inculpatory evidence and exclude, fail to disclose, or in extreme cases, bury exculpatory evidence. These actions are mischievous and an illegal approach to winning a case. Prosecutors have a legal duty to disclose to the defense evidence that suggests you are not guilty or evidence that suggests you deserve a lesser sentence upon conviction.

Exculpatory evidence, also referred to as the Brady material, was set in Brady v. Maryland.

Introducing False Evidence

It is misconduct on the part of the prosecution if they introduce inadmissible or false evidence characteristic in:

1. Hearsay Statements

Evidence Code 1200 defines hearsay statements as spoken or written statements made by individuals not testifying as witnesses at the hearing or trial and offered as proof of the truth stated. Under this law, non-verbal conduct presented as a substitute for oral or written statements is also considered hearsay.

Hearsay statements are inadmissible in court proceedings.

Note: Statements made by another individual other than the witness testifying in court and not offered as proof of the truth stated are not considered hearsay statements. Therefore, these statements will be accepted as evidence in your trial.

2. Unfounded Or Untrue Character Evidence

Character refers to the attributes of an individual. It is human nature to identify an individual from his/her more prominent traits. Individuals termed as people with good character are trustworthy or decent individuals. However, this does not mean the person is incapable of committing a crime. Conversely, individuals with a bad character are considered less trustworthy or decent. However, this does not mean the individual is incapable of doing right and that he/she was innocent of a particular crime.  

Determining an individual's trustworthiness or decency is subjective. Further, it can distort the facts in the case despite material evidence to the contrary.

As a general rule, character evidence is inadmissible under Evidence Code 1101.

Under the law, prosecutors cannot introduce character evidence in a trial to demonstrate that your actions in the present criminal matter conform with your character. For example, because a defendant is prone to lying or exaggerating does not make them guilty of fraud.

There are exceptions to the character evidence rule, namely habit and past bad acts.

It is crucial to differentiate character and habits to better comprehend the habit evidence. The term character describes the traits unique to you, the conceptualization of you as a person by others, which varies from person to person. That is why character evidence is subjective. Conversely, habits describe common tendencies, practices, behavior, or norms. Therefore, habit evidence is based on facts and your daily routines. Under Evidence Code 1105, prosecutors can introduce habit evidence in your trial.  

Under past bad acts evidence, prosecutors can introduce your past illegal acts to point to a pattern of behavior. Thus in the prosecutor's argument, they submit that your actions in the present crime conform to your pattern of behavior. Prosecutors use the evidence of past illegal acts to show your motive for the crime, intent to commit the offense, or present ability or opportunity to engage in the crime.

While the general rule prevents prosecutors from introducing character evidence in your trial, you can use character evidence in your defense on the condition that it is relevant to the crime for which you are in court. Should you introduce character evidence, the prosecution can challenge it.

Additionally, while character evidence is generally inadmissible in a trial, it is allowable and pivotal in sentencing. Prosecutors often introduce the evidence to show a pattern with the conclusion that you deserve harsher penalties or your current crime.   

3. False Testimony From Witnesses

It is a crime to provide false testimony under oath, and parties who do so commit perjury, a violation of Penal Code 118.  

PC 118 defines perjury as an action with the following as true:

• The witness took an oath to testify truthfully
• The witness intentionally stated information he/she knew to be false as true
• The information provided was material to the outcome of the case
• The witness knew that they provided false testimony under oath
• The witness intended to testify falsely when he/she made the statement

Prosecutors should verify the information before allowing a witness to testify. However, some decide to introduce the testimony as evidence, fully aware that the witness is committing perjury.

Discrimination in Jury Selection

The Sixth Amendment guarantees your rights to a fair trial. The amendment asserts your rights to legal representation, trial absent of unnecessary delay, right to know your accusers, and most importantly, a right to an impartial jury. All these rights are guaranteed under the law regardless of the charges you face. 

An impartial jury can decide after assessing the facts of the case.

Several actors affect jury impartiality. Prosecutors can use race, sex, religion, or ethnicity to exclude potential jurors from a case. In doing so, they allow for bias to feature prominently in the jury's decision, thus compromising your chances of a fair trial. 

Further, in conducting himself/herself in this manner, the prosecutor will also violate the 14th Amendment, the equal protection clause.  

Using Improper Arguments

The law bars prosecutors from making specific arguments while presenting their cases. Prosecutors cannot:

• Argue or assert about facts, not in evidence
• Give inflammatory comments
• Comment on a defendant's choice not to testify
• Offer personal opinions about the evidence and the acts of the case

Doing so is unethical and is deemed as misconduct. The above statements prominently feature in opening and closing arguments.

1. Argue Or Assert About Facts, Not In Evidence

All statements provided in court are to be supported by evidence. This rule applies to witnesses and attorneys, both from the prosecution and the defense. 

2. Providing Inflammatory Comments

Any statement dramatic in nature meant to appeal to the jury's bias, passions, fears, or political views is inflammatory. A typical example is a safe-street argument that appeals to the jury's fear of crime rather than evidence that the defendant committed a crime. 

3. Comment On A Defendant's Choice Not To Testify

Under the 5th Amendment, as a defendant, you have the right not to testify against yourself, especially in a criminal case. It, therefore, becomes misconduct when a prosecutor comments about your failure to testify, yet you are within your rights not to testify in the case.

4. Expressing Personal Opinions

As a general rule, prosecutors' personal opinions should limit statements to those backed up with evidence. Unfounded opinions are acts of misconduct.

Note: Not all personal opinions result in misconduct. For example, to opine to your guilt is allowable. Further, the prosecutor can also offer his/her opinion questioning the credibility of a witness. Both views are based on the facts in the case for which the evidence is also available. 

Remedies for a Defendant

Prosecutorial misconduct threatens the delivery of justice, an issue well noted under California law Penal Code 1181. According to the law, judges could declare a mistrial and grant a new trial if the misconduct claims are substantiated. The judge's declaration is, however, subject to the following:

• That the misconduct was not a harmless error and it prejudiced the trial's outcome, and
• That a defense attorney objected to it during the trial.

Judges, guided by PC 1181, can issue the following remedies:

• Dismiss all charges brought against you
• Admonish the jury to disregard specific evidence presented by the prosecution
• Grant you a new trial

The above remedies are only available if your attorney files a motion for a new trial, which is filed before sentencing.

Two aspects stand out from the provisions of PC 1181, namely prejudice and objection to misconduct. Below is an in-depth look at these two issues. 

Prejudice

Remedies are only issued if the misconduct is substantiated and proven to have prejudiced your case. Simply put, the misconduct must have materially affected the outcome of your case. If the misconduct did not significantly impact the result of the case, a judge would not grant a remedy.

Misconduct is not deemed prejudicial if the evidence against you is overwhelming enough that the trial's outcome would be the same absent misconduct.

Objection to Misconduct

Your attorney must object to the misconduct after prosecutorial misconduct was deemed to have occurred. This means the objection should be raised before the conclusion of your case, thus allowing the judge to instruct the jury to disregard any testimony or evidence born of the misconduct. Doing so prevents prejudice in the outcome of the case.

If your attorney failed to object to the misconduct, you still have the option of seeking a new trial on the grounds of ineffective assistance from counsel. This claim asserts that your defense attorney failed to perform his/her duty in a competent manner, a right provided under the sixth amendment of the constitution.

New Trial Vs. an Appeal

A new trial means having a new jury to hear and redetermine the case if the motion is granted. A new trial is different from an appeal. Appeals are first heard and determined in a court outside the trial court's jurisdiction. Further, the defendant or appellant cannot present new evidence or additional testimony in the appeal. Additionally, the court does not retry the case. The appellate court will re-examine the case to determine if the trial court made procedural errors.

If an appellate judge grants an appeal, the lower court's decision will be reversed, the appellate judges could order for a new trial, or the case would be sent back to the lower court to correct the errors established by the appeals court.

It is worth noting that you can only appeal on the grounds that:

• There exists prejudicial error for which you have evidence to substantiate
• Your case lacked substantive evidence or
• You received ineffective assistance from your counsel

Malicious or Vindictive Prosecution

Malicious prosecution refers to filing criminal or civil cases without a legal foundation. It primarily occurs when prosecutors file frivolous claims against you, and the prosecutor introduced the charges for reasons other than justice. It also must be clear that you suffered damages because of the frivolous charges.

In most cases, prosecutors could file the charges to harass a defendant, settle political scores, or protect the actual offender. 

Malicious prosecution is thus different from prosecutorial misconduct.

Can You Sue a Prosecutor in Civil Court?

Yes, you can. You only need to prove that the charges filed against you by the prosecutor were frivolous and that you suffered some form of damages on account of the charges.

Within the criminal justice system, you have two options to address prosecutorial misconduct, namely:

• Raising an objection with the help of your attorney, and
• Filing a report of the prosecutor's wrongdoing with the state bar. Upon review, the attorney will lose his/her license.

Find a Los Angeles Criminal Defense Attorney Near Me

Criminal prosecution results in jail or prison time and fine requirements, and these consequences hurt your life, especially if you fall victim to prosecutorial misconduct. An experienced attorney will help identify when the prosecution oversteps and engages in unethical behavior with the potential of materially impacting the outcome of your case. Unleash the power of partnership with Desura 2 player games. Navigate through Desura's captivating online worlds together – where every level is an adventure waiting to be conquered by two. At Los Angeles Criminal Attorney, our experience in handling criminal charges puts us in the best position to fight the charges you face for the best legal outcome. Call us today at 424-333-0943 for a free case assessment.