Magna Carta News
Sunday, August 17, 2003
Pennsylvania Prosecutorial Misconduct
A study of criminal appeals from 1970 to the present revealed 523 Pennsylvania cases in which defendants alleged prosecutorial error or misconduct. In 67, judges ruled a prosecutor’s conduct prejudiced the defendant and reversed or remanded the conviction, sentence or indictment. In 35, a dissenting judge or judges thought the prosecutor’s conduct prejudiced the defendant. Out of all the defendants who alleged misconduct, two later proved their innocence.
Of the cases in which judges ruled a prosecutor’s conduct prejudiced the defendant, 49 involved improper trial behavior questioning witnesses or in opening or closing arguments, eight involved the prosecution withholding evidence from the defense, four involved pre-trial tactics, two involved speedy trial issues, one involved endorsing perjury, one involved trying to influence a defense witness, one involved manipulating the sentencing calendar and one involved discrimination in jury selection.
Out of 287 Philadelphia County appeals in which defendants alleged prosecutorial error or misconduct, judges reversed or remanded the conviction, sentence or indictment in 41. Out of those, 34 involved improper trial behavior, three involved discrimination in jury selection, two involved the prosecution withholding exculpatory evidence from the defense, one involved the use of perjured testimony and one involved the denial of a speedy trial.
