ABSTRACT
Prosecutorial misconduct is a constitutional violation that occurs when a breach of any of the constitutional provisions, statutes, procedural rules, or ethical rules governing criminal trials deprives a criminal defendant of due process or fundamental fairness, as protected by the Fifth and Fourteenth Amendments to the US Constitution. The prohibition against prosecutorial misconduct, by distinguishing between proper and improper prosecutorial advocacy, ensures that criminal defendants will receive a fair trial. Prosecutorial misconduct may occur at any stage of a criminal case and may arise from any action of the prosecutor. The prosecutor is often involved in every stage of a criminal case, from the initial investigation to the closing arguments at trial. The prosecutor has an affirmative duty to disclose evidence favorable to the defendant. The prosecutor must ensure adversarial testing of the case by disclosing the evidence to the defendant.
