Ck out Berger v US.
“The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor—indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.
It is fair to say that the average jury, in a greater or less degree, has confidence that these obligations, which so plainly rest upon the prosecuting attorney, will be faithfully observed.”
“Moreover, we have not here a case where the misconduct of the prosecuting attorney was slight or confined to a single instance, but one where such misconduct was pronounced and persistent, with a probable cumulative effect upon the jury which cannot be disregarded as inconsequential.”
“therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done”
I never knew this was Berger vs something. Hamilton Burger, the DA on
Perry Mason, quoted this on the show.
It’s too bad that real life prosecutors do not take this view.
“It is fair to say that the average jury, in a greater or less degree, has (NO) confidence that these obligations, which so plainly rest upon the prosecuting attorney, will be faithfully observed.”
The Prosecution, prosecutes, it is only interested in destroying the guilty. Why would the prosecution be after the innocent? If charged, the evidence in hand must prove your guilt. In the case of Federal Prosecution, the 95 percent conviction rate is enough to prove there is NO confidence whatsoever, that justice will be done. Such is my view as an “average” juror.
There is a three-letter word that describes any LEO who does not follow the above: pig.