Prosecutorial Misconduct: Conviction by Any Means Necessary

Authors

Walter W. Harding Jr., Duncan School of Law, Lincoln Memorial University

First & Last Page

89-111

Abstract

Prosecutors serve as advocates of victims and the community in criminal proceedings. Prosecutors’ primary role is to serve proper justice during these criminal proceedings. When the focus of the prosecutor is on quantity of convictions rather than quality of convictions, only injustice can result. Currently, prosecutors are expected to self-regulate their own offices to prevent prosecutorial misconduct. Yet, all attorneys and all judges have rules of professional and judicial responsibility to report such misconduct. Furthermore, sovereign and qualified immunity protects prosecutors, who commit misconduct, to gain convictions. There is a need to remove these immunity protections from prosecutors, who commit misconduct to gain convictions by any means necessary.

Recommended Citation

Walter W. Harding Jr., Prosecutorial Misconduct: Conviction by Any Means Necessary, 11 Lincoln Mem’l U. L. Rev. (2023).
Available at: https://digitalcommons.lmunet.edu/lmulrev/vol11/iss1/5