Magna Carta News
Monday, July 07, 2003
ALASKA PROSECUTORIAL MISCONDUCT
The study of criminal appeals from 1970 to the present revealed 74 Alaska cases in which defendants alleged prosecutorial error or misconduct. In 17, judges ruled a prosecutor’s conduct prejudiced the defendant and reversed or remanded the conviction, sentence or indictment. In one, a dissenting judge thought the prosecutor’s conduct prejudiced the defendant.
Twelve of the 17 cases in which judges found the prosecutor’s conduct to be prejudicial involved improper comments. Two involved the prosecution withholding exculpatory evidence from the defense and jury; the remaining three involved vindictive prosecution and pre-trial tactics. In one case, a dissenting judge would have reversed conviction because of improper arguments.
