California state bar to investigate 130 prosecutors following misconduct study

[D.R.E.]

Not strictly 2a, but given the many examples of problematic 2a-related prosecutions does anyone know if any of the worst offenders show up here?
The article is kind of light on details.

http://www.mercurynews.com/ci_16363878?IADID=Search-www.mercurynews.com-www.mercurynews.com&nclick_check=1

Responding to the first statewide report on lax discipline of prosecutors who commit misconduct, the California State Bar Association is reviewing the records of 130 prosecutors named in the report for possible disciplinary action.
...
[T]he study found that over a 13-year period, 600 prosecutors have committed misconduct according to rulings by state and federal appellate judges. They range from small technical mistakes to unfair and deceptive tactics to win cases, such as hiding evidence. The study analyzed about 4,000 appellate court rulings from 1997 through 2009.

Sixty-seven of the 600 prosecutors committed misconduct more than once, including former Santa Clara County prosecutor Ben Field. He has been suspended by the bar for four years for violating a host of rules in four criminal cases, ranging from disobeying judges' orders to hiding crucial evidence from defense lawyers that could have helped people accused of crimes.

[Sutcliffe]

My opinion

If you, as an officer of the state, knowingly withhold evidence or tamper with evidence to wrongly convict another person, you are scum and deserve to be in the general prison population for a period not less than the time served by your victim.

Of course, I know that some animals are more equal than others.

[dieselpower]

I know of one in Riverside that has to be on that list. Charged a guy with burglary without a shred of evidence that he entered the house. In fact all statements to police stated he wasn't even there. When asked why he charged it when he knew the jury instructions listed "entering the property as a requirement of guilt"...he said and I quote, " I was hoping the jury over looked that fact and gave me the third felony...its ok, I got 2/3 and thats enough to put pressure on him."

[adamsreeftank]

Glad to hear the Bar is doing something worthwhile.

[RRangel]

For some reason Blackwater Ops comes to mind. That and the story of the guy that LA County attempted to charge for a "concealed firearm" because of a legal shotgun in his vehicle. Even though the law only applies to handguns. Some of these public servants don't deserve to be.

[JDoe]

[T]he study found that over a 13-year period, 600 prosecutors have committed misconduct according to rulings by state and federal appellate judges. They range from small technical mistakes to unfair and deceptive tactics to win cases, such as hiding evidence. The study analyzed about 4,000 appellate court rulings from 1997 through 2009.

600/4,000 x 100% = 15%

Is 15% an acceptable level of prosecutorial misconduct?

[Pont]

Check your math.

600 prosecutors / 4,000 court rulings > 15% misconduct

1 prosecutor creates mores than 1 court ruling.

[J-cat]

No level of miscunduct is acceptable. People who take shortcuts do a disservice to those who work hard to put criminals away.

[Paul S]

While the proposal of the State Bar to investigate prosecutors' misconduct is interesting do not expect either speedy or decisive action. It took the state bar nearly 3 years to yank the license of an attorney here who was involved with grand theft, was a known drug user, and eventually got tripped up on a drug sales beef. I know of at least two cases where the State Bar refused to even write a letter to attorneys who were clearly out of line during deposition proceedings. The State Bar just ignored the letters of complaint.
Do not get your hopes up.

[CCWFacts]

I'm glad they're investigating them. A lot of prosecutors just want to win, and lose sight of the fact that they should be working for justice, not convictions.

[Bizcuits]

If you, as an officer of the state, knowingly withhold evidence or tamper with evidence to wrongly convict another person, you are scum and deserve to be in the general prison population for a period not less than the time served by your victim.

Of course, I know that some animals are more equal than others.

Couldn't agree more! Get the real offenders, do not make up evidence or withhold it, doing so makes you no better then the criminals you're going after.

[Hoop]

There's a big stink with public defenders right now too in Placer County. Not showing up for court dates, not talking to their clients, all sorts of stuff.

edit: a bunch of convictions may be overturned because of it.

[Andy Taylor]

There's a big stink with public defenders right now too in Placer County. Not showing up for court dates, not talking to their clients, all sorts of stuff.

edit: a bunch of convictions may be overturned because of it.

After my son's brief encounter with the Placer county (in)justice system, it doesn't surprise me.

[Wherryj]

If you, as an officer of the state, knowingly withhold evidence or tamper with evidence to wrongly convict another person, you are scum and deserve to be in the general prison population for a period not less than the time served by your victims.

Of course, I know that some animals are more equal than others.

Some of these scumbags could have ended up with multiple victories with the time adding up to decades.

I'll accept that the idea of law is not fairness, but conflict resolution. However, the idea of the state/feds prosecuting someone for criminal charges IS supposed to be about justice.

I can also accept that a defense lawyer is expected to do whatever it takes to get a client freed, but the prosecution is supposed to be beyond such games.

I'd also agree that any prosecutor who obstructs justice to win/attempt to win a case should be imprisoned for at least the amount of time their victims were subjected to/COULD have been subjected to.

[Wherryj]

600/4,000 x 100% = 15%

Is 15% an acceptable level of prosecutorial misconduct?

It could be worse than that. You are assuming that each prosecutor committed only one offense.