POSTVERDICTS LAW LIBRARY
What Is Prosecutorial Misconduct?
Prosecutorial misconduct is a broad description for improper government conduct in a criminal case. Examples may include withholding material favorable evidence, knowingly presenting false testimony, making improper arguments, or interfering with protected rights. The legal claim and remedy depend on the particular conduct.
General educational information only. Not legal advice.
Important terms
A due-process claim asks whether the conduct rendered the proceeding fundamentally unfair under the applicable standard.
Knowing use of false testimony includes situations in which the prosecution knows testimony is false and fails to correct it.
Harmless-error review asks whether an established error affected the outcome enough to require relief.
Why it can matter
The label alone is not a legal test. A useful analysis identifies the exact act, supporting record, governing constitutional rule, objection history, and effect on the proceeding.
Some claims depend on information outside the trial record and may not become apparent until later records or witness evidence are obtained.
Limits to keep in mind
Improper conduct does not always require reversal. Courts consider the type of violation, preservation, context, prejudice, and standard of review.
Ethical misconduct and a constitutional violation can overlap but are not always the same question.