Prosecutorial Misconduct

Abstract

Abstract Prosecutors have a complicated role in which they are tasked with convicting the guilty while also protecting the innocent. However, prosecutors sometimes abrogate their duties, which can result in miscarriages of justice. Prosecutorial misconduct includes activities like failure to disclose evidence favorable to the defense, improper argument (e.g., mentioning information not in evidence and denigrating the integrity of the defense attorney), and racial bias in jury selection. A variety of factors may contribute to the likelihood that prosecutors engage in misconduct, including a culture of competition, pressure to secure convictions, tunnel vision (a cognitive bias in which one gives more weight to evidence that supports the desired suspect), unguided prosecutorial discretion in deciding what evidence to disclose to the defense, and a lack of accountability. There is very limited empirical research that explores the antecedents of or remedies for prosecutorial misconduct, providing fertile ground for researchers to make substantial contributions toward understanding this particular cause of wrongful convictions.