Ethics In The World Of Prosecution

Prosecutors are held to a higher ethical conduct than other practicing attorneys.  As the Supreme Court of Kansas put it:

A prosecutor is a servant of the law and a representative of the people of Kansas. We are unable to locate an excuse for a prosecutor's failure to understand the remarkable responsibility he or she undertakes when rising in a courtroom to announce an appearance for the State of Kansas.

State v. Pabst, 268 Kan. at 510, 996 P.2d 321.

            Thus, when a prosecutor questions a criminal defendant and presents the state's case at trial, he or she is responsible for more than just winning a case, the prosecutor is responsible for furthering justice, even if that means not winning a case.

            For example, a case from 2001, State v. Campbell, 29 Kan. App. 2d 50, 23 P.3d 176 (Kan. Ct. App. 2001), reversed a defendant's conviction due to the prosecutor's "serious misconduct which denied the defendant a fair trial."  Id. at 54.  The prosecutor in the Campbell case had information that she did not disclose until during trial, thus not allowing the defense attorney to conduct an adequate defense case.  Furthermore, it was shown that the prosecutor factually mislead the defense in a way to ultimately cause the defense to loose.  Id. at 62

            The court concluded that three factors are considered when determining whether a prosecutor has fallen short of proper ethical conduct:

In this state, three factors are to be considered in determining this issue.  First, was the prosecutorial misconduct so gross and flagrant as to prejudice the jury against the defendant?  Second, do the statements show ill will by the prosecutor?  Third, is the whole evidence against the defendant so overwhelming that there was little or no likelihood the prosecutor's prejudicial conduct changed the result of the trial?  Id.