Prosecutorial Misconduct: Taking the Justice Out of Criminal Justice
Prosecutorial Misconduct: Taking the Justice Out of Criminal Justice
by Christopher Zoukis
The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous.... While the prosecutor at his best is one of the most beneficent forces in our society, when he acts from malice or other base motives, he is one of the worst.
—Former U.S. Attorney General Robert Jackson
In a recent case before the U.S. Court of Appeals for the Fourth Circuit, veteran judge Henry F. Floyd offered a rare public rebuke of federal prosecutors in North Carolina, who, the court found, had engaged in a pattern of misconduct.
“Mistakes happen,” Floyd wrote. “Flawless trials are desirable but rarely attainable. Nevertheless, the frequency of the ‘flubs’ committed by [the prosecutors] raises questions regarding whether the errors are fairly characterized as unintentional.”
“Yet the United States Attorney’s office in this district seems unfazed by the fact that discovery abuses violate constitutional guarantees and misrepresentations erode faith that justice is achievable,” he added. “Something must be done.”
To demonstrate the seriousness of the violations, the appellate court ordered a new trial for federal prisoner Gregory Bartko, who had been convicted ...