Prosecutorial misconduct is simply a conduct which deviates from court rules and regulations and in ethical basis of legal practice (“Prosecutorial Misconduct Law and Legal Definition”, 2008). In other words, it is an unscrupulous exercise of a duty to apply the law. It is an act of deviation on moral standards in the society.
There are many factors that may lead to prosecutorial misconduct. Mostly, these factors are not only a matter of poor unethical values but due to the legal system as well. Meaning, the types of prosecutorial misconduct factors include both poor ethical values and weak legal system. In the legal practice, there are many things that involved a case trial. The prosecutor is one person that molds a particular case.
That is why it is necessary to examine the things that will make him go against the law.The main reason why a prosecutor commits misconduct is the fact that it wants publicity (“Why Prosecutorial Misconduct and Abuses Are Taking Place So Brazenly”, 2008). Every time a prosecutor wins, especially when the case is related to the government, it will be his chance to be part in the news. That will make the prosecutor famous and thus will add to the establishment of his name in the legal practice. If this happens, there will be economic opportunities for the said prosecutor. To analyze this scenario, it is a matter of defective legal system since it is possible that the superior of the said prosecutor would also want publicity at the same time.
Aside from that, it is also an act of poor ethical values. We know that being a prosecutor is public service and not for economic opportunities. It is unethical then for a prosecutor to use his governmental post to become financially influential.Moreover, a prosecutor wants also to be promoted that is why it will do everything just to reach the highest position. The means by which a prosecutor goes his way to success may be good or bad. For example, a prosecutor may make improper remarks during a case trial just to win a case.
He may use artistic language acceptable in court just to present his evidences in court and be given merit of the same. It is also possible that a prosecutor hides very important evidence just to win a difficult case.Now, the question is what can be done to prevent the situation? And why is it so important to prevent prosecutorial misconduct to happen? We need to prevent prosecutorial misconduct to happen because it could create a hiatus in the legal system when almost all of them display unethical behavior. As to how we could do so remains a question since there may be answers and initial actions against the problem yet it continued to exist in the legal system. In my own opinion, prosecutorial misconduct can be prevented by means of setting high ethical standards in the legal system. I am aware that the ethical standards of the legal system are already high, yet I am referring to the way it is implemented to the prosecutors.
In addition, it is also proper to call on individuals and concerned citizen to report erring prosecutors so that they can be reprimanded or an administrative case may be filed against them. The very reason why a prosecutor can commit misconduct is the availability of its influence in the justice system. However, if his superiors know how to implement higher ethical standards and are conscientious enough in defending what is right and legal, these erring prosecutors can be prevented to afflict the legal system affecting the society as a whole. Therefore, it is all our duty as individuals to help that prosecutorial misconduct could be eliminated in the legal system.
