The Desire to Win

1. Explain how “the desire to win” can lead a prosecutor to pursue a case that should be dropped or choose to not disclose evidence that would exonerate a defendant. How does the organizational/occupational culture affect their motivations? Give a real life example of prosecutor misconduct and indicate briefly how/if that prosecutor was punished?
2. What  can be done to reduce prosecutorial misconduct?
3. If you were to outline an ethics policy for a district attorney’s office, what would be three important points you would want included in that policy?

The Desire to Win and Prosecutorial Misconduct

The role of a prosecutor is to seek justice, not merely to secure convictions. However, the intense desire to win can sometimes lead prosecutors to pursue cases that should be dismissed or to withhold exculpatory evidence. This misconduct is often driven by the competitive nature of the legal profession, career ambitions, and the culture within prosecutorial offices. Understanding the motivations behind prosecutorial misconduct, examining real-life examples, and exploring solutions to prevent such ethical breaches are crucial in maintaining a fair judicial system.

The Desire to Win and Prosecutorial Misconduct

Prosecutors hold significant discretion in deciding which cases to pursue and what evidence to present. While the ethical obligation is to ensure justice, some prosecutors may prioritize their win-loss records over fairness. The pressure to maintain a high conviction rate can lead to wrongful prosecutions, as admitting an error or dropping charges might be perceived as a professional failure. Additionally, some prosecutors may justify withholding exonerating evidence by convincing themselves that the defendant is guilty regardless of the legal requirements of disclosure.

Organizational and Occupational Culture

The culture within a prosecutor’s office plays a critical role in shaping prosecutorial behavior. An environment that rewards high conviction rates and discourages admitting mistakes fosters unethical practices. When promotions, professional recognition, and political aspirations depend on a strong conviction record, prosecutors may feel incentivized to prioritize victories over justice. Additionally, a lack of oversight or accountability within the office can reinforce misconduct. If unethical behavior is tolerated or even encouraged, new prosecutors may adopt these practices, perpetuating a cycle of misconduct.

Real-Life Example of Prosecutorial Misconduct

One of the most notorious examples of prosecutorial misconduct is the case of Michael Morton. In 1987, Morton was wrongfully convicted of murdering his wife in Texas. Prosecutor Ken Anderson withheld exculpatory evidence, including a witness statement indicating that Morton was not the killer and a police report suggesting another suspect. Anderson’s misconduct led to Morton spending 25 years in prison before DNA evidence exonerated him in 2011. Anderson was eventually disbarred and sentenced to 10 days in jail—an outcome many critics considered inadequate given the severe consequences of his actions.

Reducing Prosecutorial Misconduct

Several measures can help reduce prosecutorial misconduct and ensure justice:

1. Enhanced Accountability and Oversight – Establishing independent review boards to investigate claims of prosecutorial misconduct can deter unethical behavior. Transparency in decision-making processes can also help maintain integrity.
2. Mandatory Disclosure of Exculpatory Evidence – Enforcing strict compliance with Brady v. Maryland, which requires prosecutors to disclose all exculpatory evidence, can prevent wrongful convictions. Courts should implement harsher penalties for failure to disclose evidence.
3. Ethical Training and Cultural Change – Prosecutors should receive ongoing ethics training emphasizing their duty to seek justice over securing convictions. Creating a culture that values integrity and accountability rather than win rates is crucial.

Key Points for an Ethics Policy

If tasked with outlining an ethics policy for a district attorney’s office, the following three points would be essential:

1. Commitment to Justice Over Convictions – The policy should emphasize that the primary duty of a prosecutor is to seek justice rather than pursue victories. It should encourage dismissing cases where the evidence is insufficient or tainted.
2. Mandatory Full Disclosure – Prosecutors must be required to disclose all evidence that could exonerate a defendant, with severe consequences for violations. This would reinforce compliance with ethical and legal obligations.
3. Independent Oversight and Accountability – The office should implement a system where an independent committee reviews prosecutorial decisions to prevent biases and unethical behavior. Regular audits and transparent reporting of prosecutorial actions should be mandated.

Conclusion

While prosecutors play a critical role in upholding the law, the desire to win can sometimes lead to unethical conduct. The organizational culture within a prosecutor’s office significantly influences whether justice or conviction rates take precedence. Cases like Michael Morton’s highlight the devastating consequences of misconduct and the need for accountability. Implementing stronger oversight, mandatory evidence disclosure, and ethical training can help reduce prosecutorial misconduct. Establishing a clear ethics policy emphasizing justice over wins, full transparency, and independent oversight is crucial to maintaining integrity within the justice system.