Prosecutorial Misconduct: A Practical Guide for Criminal Defense Lawyer

Recent history illustrates that far too many individuals are serving prison sentences due to unchecked prosecutorial misconduct. Prosecutors have withheld evidence of actual innocence, presented false testimony, and made improper closing arguments to secure convictions. Told through the eyes of a former federal prosecutor who ran the busiest trial unit in any United States Attorney's Office, this book arms criminal defense attorneys with the tools needed to fight back against prosecutors who abuse their immense power. The authors explain how to both uncover and attack prosecutorial misconduct that occurs in every aspect of a criminal prosecution.

Topics include search warrant affidavits, grand jury presentations, charging decisions, plea negotiations, pre-trial discovery, jury selection, witness examinations at trial, and closing argument. Each chapter includes favorable case law from the federal circuits to provide criminal defense attorneys with an immediate launching point for motions they may need to file in their cases. The authors also analyze the relevant governing standards - such as DOJ's Justice Manual and the ABA Standards for Criminal Justice - to help defense attorneys pursue declinations in pre-indictment negotiations and persuade trial judges to grant motions that challenge a prosecutor's misconduct.

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