Police/prosecutorial misconduct
This section contains resources which address wrongful convictions resulting primarily from misconduct by the police or prosecutors who worked on the defendant's case.
Popular mediaTitle: Editorial, Botched, Dropped and BungledJournal articles
Citation: Wash. Post, April 8, 2008, at A18.
Title: Editorial, The Right Not to be Framed
Citation: Wash. Post, November 2, 2009.
Title: Systematic Prosecutorial Misconduct Safeguards Urged
Citation: North Country Gazette, September 16, 2008.
Author: Altimari, Dave
Title: Juror's Attraction To Prosecutor Key Element in Killer's Bid for New Trial
Citation: Hartford Courant, January 23, 2009.
Author: Armstrong, Ken and Possley, Maurice
Title: Trial & Error: How Prosecutors Sacrifice Justice to Win; Break Rules, Be Promoted
Citation: Chi. Trib., January 14, 1999, at 1.
Author: Armstrong, Ken and Possley, Maurice
Title: Trial & Error: How Prosecutors Sacrifice Justice to Win; Prosecution on Trial in DuPage
Citation: Chi. Trib., January 12, 1999, at 1.
Author: Armstrong, Ken and Possley, Maurice
Title: Trial & Error: How Prosecutors Sacrifice Justice to Win; Reversal of Fortune
Citation: Chi. Trib., January 13, 1999, at 1.
Author: Armstrong, Ken and Possley, Maurice
Title: Trial & Error: How Prosecutors Sacrifice Justice to Win; The Flip Side of a Fair Trial
Citation: Chi. Trib., January 11, 1999, at 1
Author: Armstrong, Ken and Possley, Maurice
Title: Trial & Error: How Prosecutors Sacrifice Justice to Win; The Verdict: Dishonor
Citation: Chi. Trib., January 10, 1999, at 1
Author: Associated Press
Title: Missouri: Inmate is Freed
Citation: N.Y. Times, February 19, 2009, at A14.
Author: Associated Press
Title: Prosecutors Rebuked in Tim Masters Murder Case
Citation: CNN.com, September 10, 2008.
Author: Associated Press
Title: Withheld Evidence Frees Man Given Life Sentence
Citation: Hous. Chron., November 17, 2008.
Author: Banda, P. Solomon
Title: Detective: Fingerprints Didn't Belong to Masters
Citation: Examiner.com, January 21, 2009.
Author: Barnes, Robert
Title: High Court Weighs Immunity Afforded to Prosecutors
Citation: Wash. Post, November 5, 2009.
URL: http://tinyurl.com/yz7vf93
Author: Beach, Patrick
Title: Justice Reclaimed: After decades on death row, Kerry Cook had to learn how to live again
Citation: Austin Am.-Statesman, February 18, 2007, at J1.
Author: Belluck, Pam
Title: U.S. Told to Pay $101 Million for Framing 4 Men
Citation: N.Y. Times, July 26, 2007.
Author: Bernstein, David S.
Title: More Than a Few Loose Ends
Citation: Boston Phoenix, March 5, 2008.
Author: Brumble, Melody
Title: Policies for Taping Investigative Interviews Vary Among Law Agencies
Citation: Shreveport Times, February 24, 2008.
Author: Cardona, Felisa
Title: Judge Takes Masters' Suit Under Advisement
Citation: Denver Post, August 26, 2009.
Author: Castillo, Alfonso A.
Title: Martin Tankleff Accuses Investigators
Citation: Newsday, March 24, 2009.
Author: Covarrubias, Amanda
Title: Court Voids Inmate's Death Sentence
Citation: L.A. Times, May 6, 2008.
Author: Cramer, Maria
Title: Police Head Defends Role After Wrongful Imprisonment
Citation: Boston Globe, December 25, 2008.
Author: Dardick, Hal
Title: Fox Gets $15.5 Million
Citation: Chi. Trib., December 21, 2007.
Author: Davis, Angela J.
Title: Points of View: They Must Answer for What They've Done; Prosecutors Who Misuse Discretion or Abuse Power Should Be Held Accountable
Citation: Legal Times, August 6, 2007, at 42.
Author: Donald, Mark
Title: Unusual Suspects; Men Exonerated by DNA Evidence File Civil Rights Suits Against Attorneys
Citation: Texas Lawyer, Septmeber 10, 2007, at 1.
Author: Dwyer, Jim
Title: Prosecutor Misconduct, at a Cost of $3.5 Million
Citation: N.Y. Times, October 22, 2008, at A27.
Author: Efrati, Amir
Title: Legal System Struggles With How to React When Police Officers Lie
Citation: Wall Street Journal, January 29, 2009, at A12.
Author: Emily, Jennifer
Title: Former Prosecutor Angered By DA's Office Action Seeking to Overturn Sex Assault Conviction
Citation: Dallas Morning News, November 18, 2008.
Author: Emily, Jennifer and McGonigle, Steve
Title: Dallas County District Attorney Wants Unethical Prosecutors Punished
Citation: Dallas Morning News, May 4, 2008.
Author: Finch, Susan
Title: DA's Office Fights $14 Million Verdict
Citation: Times Picayune, March 4, 2008.
Author: Ganey, Terry
Title: Justice on Trial
Citation: Columbia Daily Tribune, June 7, 2009.
Author: Gazarik, Richard
Title: Judges Carry 2 Decades of Misconduct, Claims Munchinski Lawyer
Citation: Tribune-Review, October 8, 2008.
Author: Griffy, Leslie
Title: Fake Lab Reports Were Common
Citation: San Jose Mercury News, December 23, 2007.
Author: Griffy, Leslie
Title: Sex Case Hinged On Phony Lab Report
Citation: San Jose Mercury News, December 16, 2007.
Author: Gutierrez, Bertrand M.
Title: City Hires Outsiders to Study Police
Citation: Winston-Salem Journal, November 20, 2007.
Author: Hanna, Bill
Title: Bill Would Up Penalty on Prosecutors Who Suppress Evidence
Citation: Fort Worth Star Telegram, March 14, 2009.
Author: Hauser, Christine
Title: In Brooklyn, Police Work is Undone by Scandal
Citation: N.Y. Times, February 5, 2008.
Author: Hauser, Christine
Title: When Evidence From Surveillance Cameras Leads to Charges Against Officers
Citation: N.Y. Times, March 25, 2009, at A30.
Author: Huges, Trevor
Title: No Criminal Charges for Broderick in Tim Masters Case
Citation: The Coloradoan, July 9, 2008.
Author: Hughes, Trevor
Title: Masters Sues Fort Collins
Citation: The Colorodoan, October 22, 2008.
Author: Hughes, Trevor
Title: Masters' Attorney Seeks Lawsuit Extension
Citation: The Coloradoan, February 6, 2009.
Author: Hughes, Trevor
Title: Officials Named in Tim Masters Suit Argue They Can't Be Sued
Citation: The Coloradoan, January 22, 2009.
Author: Jeffrey, Deborah
Title: Points of View: How Prosecutors Go Bad
Citation: Legal Times, August 6, 2007, at 44.
Author: Johnson, Kirk
Title: Colorado: Wrongly Convicted Man Sues.
Citation: N.Y. Times, October 22, 2008, at A17.
Author: Keeshan, Charles
Title: Gauger Civil Lawsuit Against Ex-Detectives Set For Trial
Citation: Chicago Daily Herald, December 11, 2008.
Author: Korecki, Natasha
Title: Ex-Chicago Cop Burge Arrested in Torture Cases
Citation: Chicago Sun-Times, October 21, 2008.
Author: McGonigle, Steve
Title: DA: '83 case mishandled, but man not cleared yet; Conviction under review as prosecutor finds evidence withheld
Citation: DallasNews.com, March 10, 2007.
Author: McMenamin, Jennifer
Title: Perjury fears throw cases into turmoil
Citation: baltimoresun.com, April 22, 2007.
Author: Mills, Steve and Heinzmann, David
Title: Burge Cases Come Back to Forefront
Citation: Chi. Trib., December 9, 2007.
Author: Moffeit, Miles
Title: Innocence Bid Gets Boost
Citation: Denver Post, January 3, 2008.
Author: Moran, Richard
Title: Op-Ed, The Presence of Malice
Citation: N.Y. Times, August 2, 2007, at A21.
Author: Murphy, Shelley
Title: Wrongful Conviction Lawsuit Can Proceed; New Police Chief, Ex-Officer Accused
Citation: Boston Globe, November 7, 2006, at B2.
Author: Nizza, Mike
Title: Students Sue Prosecutor and City in Duke Case
Citation: N.Y. Times, October 6, 2007, at A12.
Author: Rawls, Wendell Jr.
Title: Court: Give House New Trial
Citation: Tennessean, May 6, 2008.
Author: Rood, Lee
Title: Challenge of Flores' life term advances
Citation: Des Moines Register, October 21, 2008.
Author: Rood, Lee
Title: David Flores Case: Judge Says Hearing Will Be Pushed Back
Citation: Des Moines Register, June 17, 2008.
Author: Rubin, Joel and Felch, Jason
Title: Man Convicted in Sex Assault Should Be Freed or Retried, Court Rules
Citation: L.A. Times, May 6, 2008.
Author: Saltzman, Jonathan
Title: Civil Rights Suit Against City Goes to Trial
Citation: Boston Globe, March 5, 2008.
Author: Saltzman, Jonathan
Title: Retrial Starts in Drumgold Conviction Suit
Citation: Boston Globe, September 11, 2009.
Author: Sewell, Teresa
Title: Activists Rally for Release of Wrongfully Accused Prisoners
Citation: Medill Reports, February 14, 2008.
Author: Shenon, Philip
Title: Ex-Prosecutor 'Crossed Over the Line,' Jury Is Told
Citation: N.Y. Times, October 31, 2007, at A16.
Author: Shenon, Philip
Title: Ex-Prosecutor Acquitted Over Misconduct In 9/11 Case
Citation: N.Y. Times, November 1, 2007, at A1.
Author: Torres, John A. and Schweers, Jeff
Title: Dog Handler Led to Bad Evidence
Citation: Florida Today, June 21, 2009.
Author: Tulsky, Fredric N.
Title: State Bar Seeks to Suspend Santa Clara County Deputy District Attorney
Citation: Mercury News, October 17, 2008.
Author: Webster, Richard A.
Title: Life Sentence; Justice Elusive for Wrongfully Convicted Victims
Citation: New Orleans City Business.com, June 4, 2007.
Author: Weinstein, Henry
Title: Riverside County must pay wrongly convicted man
Citation: L.A. Times, May 1, 2007.
Author: Welsh-Huggins, Andrew
Title: Ohio Innocence Project Says Man Isn't Killer of 3
Citation: The Columbus Dispatch, June 30, 2009.
Author: Whitley, Glenna
Title: A Devil's Deal in Dallas Court
Citation: Dallas Observer, September 27, 2007.
Author: Williams, Timothy
Title: Recorded on a Suspect's Hidden MP3 Player, a Bronx Detective Faces 12 Perjury Charges
Citation: N.Y. Times, December 7, 2007, at B7.
Author: Wilson, Patrick
Title: Garrity Withdraws Marker Report, Asks for New Review
Citation: Winston-Salem Journal, August 31, 2007.
Author: Wilson, Patrick
Title: Report Brings Questions About Assistant D.A.
Citation: Winston-Salem Journal, August 16, 2007.
Author: Zucchino, David
Title: Ex-D.A. Apologizes to Duke Players
Citation: L.A. Times, July 27, 2007.
Author: von Zielbauer, Paul
Title: Accusers Recant, but Hopes Still Fade in Sing Sing
Citation: N.Y. Times, April 13, 2007.
Author: Burke, Alafair S.Books
Title: Improving Prosecutorial Decision Making: Some Lessons of Cognitive Science
Citation: 47 Wm. and Mary L. Rev. 1587 (2006).
Author: Cantrell, Charles L.
Title: Prosecutorial Misconduct: Closing Argument in Oklahoma
Citation: 31 Okla. City U. L. Rev. 379 (2006).
Author: Cunningham, Larry
Title: The Innocent Prisoner and the Appellate Prosecutor: Some Thoughts on Post-Conviction Prosecutorial Ethics after Dretke v. Haley
Citation: Criminal Justice Ethics, Summer/Fall 2005, at 12.
Author: Damiano, Lynn
Title: Note, Taking a Closer Look at Prosecutorial Misconduct: The Ninth Circuit's Materiality Analysis in Hayes v. Brown and its Implications for Wrongful Convictions
Citation: 37 Golden Gate U. L. Rev. 191 (2006).
Author: Fisher, Stanley Z.
Title: The Prosecutor's Ethical Duty to Seek Exculpatory Evidence in Police Hands: Lessons From England
Citation: 68 Fordham L. Rev. 1379 (2000).
Author: Gershowitz, Adam M.
Title: Prosecutorial Shaming: Naming Attorneys to Reduce Prosecutorial Misconduct
Citation: 42 U.C. Davis L. Rev. 1059 (2009).
Author: Joy, Peter A.
Title: The Relationship Between Prosecutorial Misconduct and Wrongful Convictions: Shaping Remedies for a Broken System
Citation: 84 Wisc. L. Rev. 399 (2006).
Author: Linkins, Julie Renee
Title: Note: Satisfy the Demands of Justice: Embrace Electronic Recording of Custodial Investigative Interviews Through Legislation, Agency Policy, or Court Mandate
Citation: 44 Am. Crim. L. Rev. 141 (2007).
Author: Medwed, Daniel S.
Title: The Zeal Deal: Prosecutorial Resistance to Post-Conviction Claims of Innocence
Citation: 84 B.U. L. Rev. 125 (2004).
Author: Merritt, Judge Gilbert Stroud, Jr.
Title: Prosecutorial Error in Death Penalty Cases
Citation: 76 Tenn. L. Rev. 677 (2009).
Author: Minsker, Natasha
Title: Prosecutorial Misconduct in Death Penalty Cases
Citation: 45 Cal. W. L. Rev. 373 (2009).
Author: Mosteller, Robert P.
Title: The Duke Lacrosse Case, Innocence, and False Identifications: A Fundamental Failure to Do "Justice"
Citation: 76 Fordham L. Rev. 1337 (2007).
Author: Netter, Brian
Title: A Quantitative Look at the Two-Suspect Scenario
Citation: 115 Yale L.J. 1167 (2006).
Author: Paris, Margaret L.
Title: Lying to Ourselves
Citation: 76 Or. L. Rev. 817 (1997).
Author: Slobogin, Christopher
Title: Lying and Confessing
Citation: 39 Tex. Tech. L. Rev. 1275 (2007).
Author: Thomas, George C. III
Title: Regulating Police Deception During Interrogation
Citation: 39 Tex. Tech. L. Rev. 1293 (2007).
Author: Yaroshefsky, Ellen
Title: Wrongful Convictions: It Is Time to Take Prosecution Discipline Seriously
Citation: 8 U.D.C. L. Rev. 275 (2004).
Author: Zacharias, Fred C. and Green, Bruce A.
Title: The Duty to Avoid Wrongful Convictions: A Thought Experiment in the Regulation of Prosecutors
Citation: 89 B.U. L. Rev. 1 (2009).
Author: Cook, Kerry MaxReports
Title: Chasing Justice
Citation: William Morrow, 2007.
Author: Davis, Angela J.
Title: Arbitrary Justice, The Power of the American Prosecutor
Citation: Oxford University Press, 2007.
Author: Taylor, Stuart and Johnson, KC
Title: Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case
Citation: Thomas Dunne Books, 2007.
Author: Office of the City Manager, Winston-Salem, North CarolinaLegislation
Title: Sykes Administrative Review Committee Report
Citation: February, 2007.
URL: http://www.cityofws.org/Assets/CityOfWS//Documents/City%20Manager/SARC/sykesreport_feb2007r_www.pdf
Summary: Report examines the investigation and prosecution of the 1984 rape and murder of Deborah Sykes, the 1983 homicide of Arthur Wilson, and the rapes of Linda E. (1984), Kathleen D. (1985), and Regina K. (1985). Focus is primarily on two questions: (1) what shortcomings were found in the Police Department's investigation; and (2) what steps could minimize the risks of such shortcomings in future investigations?
Title: California - S.B. 511 (2007)Websites
Citation: Enrolled, September 6, 2007.
URL: http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0501-0550/sb_511_bill_20070907_enrolled.pdf
Summary: Bill would, among other things, provide for electronic recording of custodial interrogations for individuals suspected of committing or accused of or a violent felony.
Title: North Carolina - HB 1626 (2007)
Citation: Signed August 23, 2007.
URL: http://www.ncga.state.nc.us/gascripts/BillLookUp/BillLookUp.pl?Session=2007&BillID=H1626
Summary: Provides that a custodial interrogation in a homicide case must be electronically recorded in its entirety.
Title: National Police Accountability Project, A Project of the National Lawyer's Guild
URL: http://www.nlg-npap.org/html/about.htm
Summary: The National Police Accountability Project (NPAP) is an organization of plaintiffs' attorneys who work on police misconduct cases. They are dedicated to ending police abuse of authority through coordinated legal action, public education and support of organizations combating police misconduct.
Title: The Center for Public Integrity - Harmful Error: Investigating America's Local Prosecutors
URL: http://www.publicintegrity.org/pm/default.aspx?sid=sidebarsa&aid=40
Summary: The Center for Public Integrity is a nonprofit organization located in Washington, D.C. dedicated to producing original, responsible investigative journalism on issues of public concern. Link is to an investigative study of prosecutorial misconduct in the U.S. conducted by the Center for Public Integrity. The site includes Main Findings, Prosecutor Profiles, Analyses, Nationwide Numbers, and a database searching option.
Title: Truth in Justice, Police, Prosecutorial and Judicial Misconduct
URL: http://truthinjustice.org/p-pmisconduct.htm
Summary: Links to dozens of stories in several media formats about justice system misconduct. The information is organized by state.