www.texas-justice.com

Copyright © 1998 by Carl E. Person

 

How to Reduce Prosecutorial Misconduct

Prosecutorial Misconduct Can Be Reduced, by Recognizing and Dealing with the Causes of Prosecutorial Misconduct

The apparent reasons for prosecutorial misconduct and abuse are set forth in another website article, Article Explaining Causes of Prosecutorial Misconduct.

One cause seems to be the increased concentration of the economy, which reduces political power of most citizens, and permits the wealthy to control government institutions, including the prosecutor's office. Decreasing concentration of the economy no longer seems possible with existing political institutions, which for the most part have been captured (purchased) by the wealthy.

Another cause is the lack of judicial or other oversight of the prosecutor's office. Inasmuch as the courts have failed to stop prosecutorial misconduct for reasons set forth in such other article, it would seem that some type of extra-judicial oversight could be tried, such as

• complaints to the local grievance committee, with all complaints to be heard publicly, to punish and discourage prosecutorial misconduct;
• complaints to a national body (perhaps a panel of judges or magistrate judges) to hear and resolve complaints against any federal prosecutor, to be handled by persons outside of the District and State in which the accused prosecutor has his/her office;
• automatic assignment of proceedings alleging prosecutorial misconduct to a district court in another state, more than 100 miles away;
• automatic copying of all papers and decisions in each proceeding alleging prosecutorial misconduct to a legislative oversight committee of Congress;
• automatic copying of all papers and decisions in each proceeding alleging prosecutorial misconduct to the American Civil Liberties Union or similar organization.
• Legislation eliminating grand jury secrecy requirements to accomodate the "sunshine" requirements set forth above.
• Use of this website as a meeting point for persons complaining about or interest in prosecutorial misconduct and prosecutorial abuse.
• Use of mailing list on internet and responsible bulk e-mail to inform the citizenry about prosecutorial abuse as it occurs, and how it such abuse is being dealt with by established institutions, such as the local judiciary.
• Obtain an e-mail list of all members of the Senate and House of Representatives and e mail your complaint to them, for their legislative assistants to consider; try to generate a congressional hearing in the Judiciary Committee of both houses to investigate the ongoing prosecutorial abuses, with the idea of writing and enacting curative legislation; [a problem exists in that various ISP's may not permit your mail to go through because such mailing would be called "spamming" or "spam", thereby giving these corporate dominators of internet the self-proclaimed right to stop your messages asking for help.
• Complain to the Department of Justice that its employees are failing to abide by the Standards of Conduct in the Department of Justice or the Model Code of Professional Responsibility which governs all attorneys in the United States.

   

  Copyright © 1998 by Carl E. Person