Prosecutorial Misconduct

Prosecutorial misconduct is something that happens when the prosecutor goes beyond his/her limits and tries to sway the jury to wrongly convict someone, or impose a harsher sentence or punishment than what is appreciate. If you think the prosecutor in a case has overstepped their boundaries and is guilty of this misconduct you should contact and talk with a Bucks County criminal lawyer about this.

Prosecutors are not allowed to overstep their boundaries when talking to a jury, and in some cases they do, and some cases they do not. In Commonwealth v. Burno the prosecutor does say some pretty strong statements but does not overstep her limits.

In the case of Commonwealth v. Burno some might say that the prosecutor violated the defendant's rights by going overboard and by committing “prosecutorial misconduct.” According to the Pennsylvania Supreme Court , she did not. The prosecutor referred to Burno’s prior conviction, and bad acts, which did not violate anything according to the Supreme Court justices. The prosecutor was also trying to refuse the Defendant's claims of being a “good family man”.  This was not misconduct because she did not argue that he should be convicted solely because he wasn’t a “good family man”, and she did not lead the jury to believe that he committed the crimes of the case because of his prior convictions.  Another close call that the Supreme Court ruled that was not misconduct was something in another part of the prosecutor’s closing arguments. In the argument,s the prosecutor stated that she knew for a “fact” that Burno was a “coward” because he shot someone when the victim was on the ground.  This did not violate anything because it did not demonstrate the prosecutor’s personal belief, but was a statement based on facts and evidence with some flair on it. The Supreme Court ruled this not “prosecutorial misconduct”.  See Commonwealth v. Burno 94 A.3d 956 (Pa. 2014)