Prosecutorial misconduct refers to inappropriate or illegal actions taken by prosecutors, such as withholding exculpatory evidence, making improper statements to the jury, or engaging in discriminatory practices. While such misconduct can severely impact the fairness of trials, leading to wrongful convictions or other injustices, disciplinary actions against prosecutors are relatively infrequent.

Challenges in Disciplining Prosecutors

Studies have highlighted the rarity of disciplinary measures against prosecutors. For instance, a 2003 report by the Center for Public Integrity identified 2,012 cases across the United States since 1970 where prosecutorial misconduct led to a judge reversing a conviction, reducing a sentence, or dismissing charges. However, only 44 of these cases resulted in any form of disciplinary review for the prosecutor involved.

publicintegrity.org

Similarly, a 2018 investigation by APM Reports examined 660 cases of alleged prosecutorial misconduct and found that disciplinary action was taken in just one instance.

apmreports.org

Notable Cases of Prosecutorial Discipline

Despite the overall rarity, there have been instances where prosecutors faced significant disciplinary actions:

• Mike Nifong: As the District Attorney in Durham County, North Carolina, Nifong oversaw the 2006 Duke lacrosse case. He was disbarred and jailed after it was revealed that he withheld exculpatory DNA evidence and made misleading public statements. en.wikipedia.org
• Kathleen Kane: The former Pennsylvania Attorney General was convicted in 2016 of perjury and obstruction of justice related to leaking grand jury information and lying under oath. She resigned from office and was subsequently disbarred. en.wikipedia.org
• Ted Stevens Case Prosecutors: In the trial of U.S. Senator Ted Stevens, prosecutors failed to disclose exculpatory evidence, leading to Stevens’ conviction being vacated in 2009. The prosecutorial misconduct in this case prompted internal investigations and calls for reforms within the Department of Justice. en.wikipedia.org

Recent Developments

In 2024, New York City paid nearly $206 million to settle NYPD police misconduct lawsuits, marking the highest annual payout since 2018. Notably, nearly 64% of these settlements were related to prosecutorial misconduct.

nypost.com

These cases underscore the profound impact prosecutorial misconduct can have on individuals and the justice system. They also highlight the challenges in holding prosecutors accountable, emphasizing the need for systemic reforms to ensure ethical conduct and the protection of defendants’ rights.

Key points about prosecutorial misconduct in Singapore:

• Strict ethical standards: Singapore has a robust legal system with high standards for prosecutorial conduct, so any deviation from these standards can be considered misconduct. 
• Attorney-General’s Chambers (AGC): The AGC, which oversees public prosecutions, has the authority to investigate and address allegations of misconduct by prosecutors. 
• Potential consequences: If found guilty of misconduct, a prosecutor could face disciplinary actions, including reprimands, suspension, or even legal repercussions depending on the severity of the offense. 

Specific examples of potential misconduct:

Abusing prosecutorial discretion: Charging someone with a more serious offense than is justified based on the available evidence, or selectively prosecuting individuals based on personal bias. 

Withholding evidence: Not disclosing evidence that could potentially exonerate the accused, even if it is considered unfavorable to the prosecution’s case. 

Falsified evidence: Intentionally presenting false or misleading evidence to the court. 

Improper witness influence: Attempting to pressure or coerce witnesses to testify in a certain way. 

Misleading arguments: Making arguments in court that are not supported by the evidence or using inflammatory language to prejudice the jury.