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2006 Wis. L. Rev. 399 (2006)
Relationship between Prosecutorial Misconduct and Wrongful Convictions: Shaping Remedies for a Broken System

handle is hein.journals/wlr2006 and id is 411 raw text is: THE RELATIONSHIP BETWEEN PROSECUTORIAL
MISCONDUCT AND WRONGFUL CONVICTIONS:
SHAPING REMEDIES FOR A BROKEN SYSTEM
PETER A. Joy*
With impunity, prosecutors across the country have
violated their oaths and the law, committing the worst kinds
of deception in the most serious of cases.
They have prosecuted black men, hiding evidence the
real killers were white. They have prosecuted a wife, hiding
evidence   her   husband    committed    suicide.  They    have
prosecuted parents, hiding evidence their daughter was killed
by wild dogs.
They do it to win.
They do it because they won't get punished.
They have done it to defendants who came within hours
of being executed, only to be exonerated.1
INTRODUCTION
Citing malfeasance on the part of some prosecutors across the
country, two journalists researched thousands of court files and
documented hundreds of homicide cases that were reversed because of
prosecutors' misconduct that denied the accused fair trials.2 Since that
expos6, the growing number of exonerated persons who were
*     Professor of Law and Director of the Criminal Justice Clinic, Washington
University School of Law in St. Louis.
1.    Ken Armstrong & Maurice Possley, Trial & Error; How Prosecutors
Sacrifice Justice to Win; The Verdict: Dishonor, CHI. TRiB., Jan. 10, 1999, § 1, at 1.
2.    Chicago Tribune reporters Ken Armstrong and Maurice Possley produced
a five-part series reporting on their national study of approximately eleven-thousand
court rulings over thirty-six years in which they found 381 defendants who had their
homicide convictions reversed due to prosecutorial misconduct.  See id.; Ken
Armstrong & Maurice Possley, Trial & Error; How Prosecutors Sacrifice Justice to
Win; Break Rules, Be Promoted, CHI. TRIB., Jan. 14, 1999, § 1, at 1; Ken Armstrong
& Maurice Possley, Trial & Error; How Prosecutors Sacrifice Justice to Win,
Prosecution on Trial in DuPage, CHI. TRm., Jan. 12, 1999, § 1, at 1; Ken Armstrong
& Maurice Possley, Trial & Error; How Prosecutors Sacrifice Justice to Win; Reversal
of Fortune, CHI. TRIB., Jan. 13, 1999, § 1, at 1; Ken Armstrong & Maurice Possley,
Trial & Error, How Prosecutors Sacrifice Justice to Win; The Flip Side of a Fair Trial,
CHI. TRB., Jan. 11, 1999, § 1, at 1.

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