FREQUENTLY ASKED QUESTIONS

FREQUENTLY ASKED QUESTIONS

Prosecutors have enormous discretion and therefore power within the criminal legal system.
Prosecutor misconduct is real, and impacts cost the entire community in real and significant ways, but not the prosecutors themselves.

WHO HAS ALL THE POWER IN THE CRIMINAL LEGAL SYSTEM?

PROSECUTORS

PROSECUTORS

WHAT IS A PROSECUTOR’S RESPONSIBLITY?

Prosecutors are the government officials charged with investigating and prosecuting crimes. Prosecutors have near-unlimited power to make all the most consequential decisions in a criminal case from beginning to end.

PROSECUTORS HAVE IMMENSE POWER TO DECIDE…

PROSECUTORS HAVE IMMENSE POWER TO DECIDE…

WHO

to Investigate.

WHO

to Prosecute.

WHEN

to Prosecute.

WHAT

For, and…

WHAT

Information They Will Turn Over.

Ethical Prosecutors

Ethical Prosecutors

Ensure that the guilty are held accountable,

That the innocent are protected from unwarranted harm, 

And that the rights of all participants, particularly victims of crime, are respected.

Why Is a Prosecutor Different than Other Kinds of Lawyers?

Prosecutors are the enforcers of the law and have higher ethical duties than other lawyers. The essential characteristic of a prosecutor is that he or she possesses the discretion as to whether and how to bring criminal charges. In most jurisdictions, Prosecutors and their investigators are peace officers. This prosecutorial power can result in an individual’s loss of liberty for many years, and thus there has been a basis for Courts to enforce prosecutors’ discovery obligations.

Prosecutors are the enforcers of the law and have

Higher Ethical Duties

than other lawyers.

What is Prosecutorial Misconduct?

What is Prosecutorial Misconduct?

Prosecutorial Misconduct occurred in 30% of exonerations (innocent people wrongly convicted and released from further serving their sentence), in 3 major categories of misconduct:

Witness Tampering

Concealing Exculpatory Evidence

Trial Misconduct

What Happens When a Prosecutor Has Committed Misconduct? NEXT TO NOTHING.

What Happens When a Prosecutor Has Committed Misconduct? NEXT TO NOTHING.

PROSECUTORS CANNOT OR WILL NOT BE…

• Sued. Because they are immune.

• Fired or suffer employment consequences. Because lead prosecutors either don’t know their deputies have committed misconduct or rationalize the misconduct as an “oopsie”.

• Suffer Loss or Suspension of Their Law License.  Because Regulatory Agencies  responsible for their law licenses only in rare circumstances punish prosecutors.

• Prosecuted.  Because prosecutors do not prosecute other prosecutors.

What is the Cost of Prosecutorial Misconduct?

What is the Cost of Prosecutorial Misconduct?

Wrongful Charges and Convictions, Unnecessary and Lengthy Jury Trials, Millions to Re-Investigate Wrongful Conviction, Millions in Compensation For Incarcerating Innocent People.

2701 Lawrence Street, Ste 108
Denver, Colorado 80205

2701 Lawrence Street, Ste 108
Denver, Colorado 80205

act@protectethical
prosecutors.org