Prosecutor Overreach

The legal system serves as the cornerstone of modern society. This system ensures that the public good is maintained and that the social fabric of society is preserved at all times. A prosecuting attorney has a unique position within this system. They represent the state, or the public good in general, and not just a single client. Therefore, there role is to not only seek convictions among those who have violated laws that could undermine the public good, but a prosecutor must always balance this with justice. However, it is in this space, the space between justice and the perception of guilt, that prosecutors lose their way. To successfully maintain the ethical position as a prosecutor, a balance must be upheld in which self-interest is regulated by process, ethics, and the consideration of the public good at all times. However, this balance is easily skewed and is commonly disregarded.

Furthermore, the defense attorney also has a vital role to play in maintaining this balance. The defense attorney is commonly in a position in which they must balance their own self-interest with ethical actions for the pursuit of justice. Even though the defense attorney is sworn to represent their client to the best of their ability, there are still lines that shouldn't be crossed. When a defense attorney destroys evidence, hides evidence, or manipulates system on behalf of their client, then this violates the best interest of the public and violates the integrity of the system as a whole.

When self-interest overcomes the public's interest in a prosecutor's mindset, then justice can suffer. According to a 2003 study, "Local prosecutors in many of the 2,341 jurisdictions across the nation have stretched bent or broken rules to win convictions…. Since 1970, individual judges and appellate court panels cited prosecutorial misconduct as a factor when dismissing charges, reversing convictions or reducing sentences in over 2,000 cases.[footnoteRef:1]" Such cases indicate that the integrity of the system is currently broken and there is much work to be done in the pursuit of justice. Both sides of a trial are subject to such overreach. [1: (Truth in Justice)]

Works Cited

Truth in Justice. (n.d.). Harmful Error: Report on Prsecutorial Misconduct Released. Retrieved from http://www.truthinjustice.org/index.htm