Prosecutorial misconduct can be defined as the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury. Prosecutorial misconduct is a procedural defense; via which, a defendant may argue that they should not be held criminally liable for actions which may have broken the law, because the prosecution acted in an "inappropriate" or "unfair" manner. Such arguments may involve allegations that the prosecution withheld evidence or knowingly permitted false testimony. This is similar to selective prosecution.
Massachusetts Motion to Dismiss, Quash, or Set Aside due to Abuse of Grand Jury and Prosecutorial Misconduct
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Generally speaking, a grand jury may issue an indictment for a crime, also known as a "true bill," only if it verifies that those presenting had probable cause to believe that a crime has been committed by a criminal suspect.
After the prosecutor studies the information from investigators and the information they gather from talking with the individuals involved, the prosecutor decides whether to present the case to the grand jury. When a person is indicted, they are given formal notice that it is believed that they committed a crime.
Ing to Supreme Court decisions and DOJ guidelines, illegally obtained evidence can be used against grand jury witnesses whose constitutional rights have not been violated.
While a regular grand jury primarily decides whether to bring charges, a special grand jury is called into existence to investigate whether organized crime is occurring in the community in which it sits. This could include, for instance, organized drug activity or organized corruption in government.
An indictment is a formal accusation in a criminal case against someone suspected of committing a serious criminal offense. It's filed after the conclusion of a grand jury investigation, and formal charges follow.
Examples of indictment in a Sentence The grand jury has handed down indictments against several mobsters. No one was surprised by her indictment. She intended the film to be an indictment of the media.
When a person is indicted in a criminal court in the United States, it means that a grand jury composed of residents chosen at random believed there was enough evidence to charge that person with a crime.
At first the grand jury was chosen for this task because the grand jurors themselves were the ones who knew of criminal activity in the community. Once assembled, however, the grand jurors soon realized that they could use their powers to prevent the government from prosecuting persons for political purposes.