by Doreen Martel

Created on: May 16, 2009   Last Updated: June 16, 2009

Generally, when we hear about a high profile case we assume that the attorney's who are involved are going to be working hard to prove their case. We expect that when justice is served then the public interest is served. Some cases give us pause to consider whether a prosecutor is seeking justice or seeking a conviction. Often cases are "tried" in the court of public opinion long before they ever see the inside of a court. This can often result in additional pressure to win regardless of whether justice is served.

Prosecutorial Misconduct

High profile cases will bring to question whether a prosecutor's job is to try a case fairly or, simply win a conviction. We all understand that the job of any attorney is to present their cases in a fair, unbiased manner while doing their best to present their cases as they see the facts. The consequences of not doing this can be severe, as they diminish the credibility of our justice system.

The case of Senator Ted Stevens

This case is an example where a judge sited a prosecuting attorney for questionable conduct. These are specific incidents where as US District Judge (specifically Judge Emmet G. Sullivan) cited the prosecution team for misconduct and why they are important.

Removal of Key Witnesses - Prosecutors like defense attorneys are required to turn over potential witness lists to each other. This allows both sides to present their cases fully. When a witness is removed from the list it is required that the "other" side be informed. This provides an opportunity for the witness to be called by the opposition.

Withholding Evidence - Both the prosecution and defense sides of all cases share evidence. This falls under "due process" which is stated in Black's Law Dictionary, 6th Edition as: "Aside from all else, "due process" means fundamental fairness and substantial justice. This allows for a thorough defense or prosecution of a case. Any evidence that comes to light after a trial could result in a conviction being overturned or could taint a finding of innocence.

Obstruction of Justice - Obstruction of justice takes on many forms. It can be a result of tampering with evidence or as complex as witness tampering (threatening a witness in federal cases is defined by statute at 18 U.S.C. 1512,). There are other means of obstruction, and a signal to a witness on the stand is one example.

Kansas City - Overturning a Conviction

A Kansas City conviction resulting from a case in 2005 was recently overturned. The judge in this

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