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Prosecutorial misconduct -- can it be acceptable? I was watching the news with Anderson cooper and he was talking about the misconduct of prosecutore.   the panel reports to the effect that prosecutorial misconduct is tolerable when there is overwhelming proof of guilt in a case.  What does this mean?  Do you agree?

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I don't agree either.   Once it is ok to bend the rules that much, then it becomes acceptable to manufacture evidence etc.  I know that this may allow some people to go free who should be in jail, but we need to do it legally or the whole system becomes...

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I don't agree either.   Once it is ok to bend the rules that much, then it becomes acceptable to manufacture evidence etc.  I know that this may allow some people to go free who should be in jail, but we need to do it legally or the whole system becomes corrupt.

 

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No, I do not agree.  This is a slippery slope.  The motto of our justice system:  It is better for 9 guilty men to go free than one innocent man to go to jail.  I do not think it is ever ok to bend the rules just because you think someone is guilty.  If you can't get him for that, get him for something else!

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What this means is that it is okay if prosecutors do things wrong as long as it is absolutely clear that the person is guilty.  In such a case, their misconduct made no difference because the person was going to be found guilty no matter what.  It's like if we're playing basketball and I'm way better than you and I'm going to win no matter what.  If I cheat, maybe it's no big deal because it doesn't change the outcome.

Do I agree?  It sounds good in theory, but it's hard to do this in practice.  How do we determine objectively how much impact a prosecutor's misconduct had on our feeling about how guilty the defendant is?

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