ABSTRACT
Prosecutors exercise tremendous power in criminal cases. Even state supreme courts and bar associations rarely act against a prosecutor’s law license for quite egregious ethical and legal lapses, even those intentionally committed. The United States Supreme Court has rendered prosecutors virtually immune from civil actions against the prosecutors personally and their offices. This chapter addresses prosecutorial misconduct and error and proposes a number of reforms that could better level the criminal justice playing field, prevent prosecutor overreach, hold prosecutors to account for violating ethics and legal requirements, compensate those harmed by prosecutor misconduct, and adequately inform the voters so they can select ethical and responsible prosecutors committed to ensuring procedural justice for all.
